GURDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 26.5.1995, Annexure P.2 whereby the petitioner was placed under suspension by the Financial Commissioner and Secretary to Government, Haryana, Local Government Department. The only ground on which the above order has been impugned is that the State Government had no power to suspend the petitioner who was the employee of the Improvement Trust, Yamunanagar and in any case of the Improvement Trust, Jagadhri.

(2.) It is not necessary to notice the facts in detail as the controversy raised in this writ petition has already been settled by this Court. Few facts however, in brief, are that the petitioner was the permanent employee of the Improvement Trust, Yamunanagar. Improvement Trust, Yamunanagar and Improvement Trust, Jagadhri were dissolved by the Government vide notifications dated 28.6.1991, Annexures P.7 and P.7/A respectively. The petitioner was thereafter transferred from Improvement Trust, Yamunanagar to Improvement Trust, Jagadhri. He was thereafter placed under suspension by order dated 26.5.1995, Annexure P.2, passed by the Financial Commissioner and Secretary to Government, Haryana, Local Government Department. It is that order which is under challenge in this writ petition.

(3.) Learned counsel for the petitioner by reference to section 18 of the Punjab Town Improvement Act, 1922 and Rule 12 framed thereunder as also the instructions, Annexures P.1, submitted that the Financial Commissioner and the Secretary to Government, Haryana had no jurisdiction to pass the order of suspension in the case of the petitioner, he being an employee of the Improvement Trust, Jagadhri.