Karan Singh vs State of Haryana

Vinod Sagar Aggarwal, J.—By virtue of present petition, Karan Singh son of Sh. Ajmer Singn - a resident of CVD Kakar Majra, Distt. Ambala, seeks quashing of the order, copy of which is Annexure P-4. Needless to state that by virtue of order, copy of which is Annexure P-4 services of the petitioner have since been terminated.

Some of the facts precipitated to determine the question in controversy are that the petitioner was registered with the Employment Exchange at Naraingarh. He got his name transferred to the Employment Exchange at Chhachhrauli, His name was sponsored by the Employment Exchange, Chhachhrauli for the post of Cattle Attendant. Thereafter, petitioner received appointment letter for the post of Cattle Attendant, which is a class IV post. He joined the post and was placed on probation. On 1.5.1998, a show cause notice had been issued to the petitioner on the grounds that he was not entitled to be registered with the Employment Exchange, Chhachhrauli and consequently could not have been so appointed. Petitioner submitted his reply to the show cause notice and after considering the same, impugned order, copy of which is Annexure P-4 had been passed.

Petitioner assails the said order on different grounds asserting that he had been registered with the Employment Exchange, Chhachhrauli. His name was so recommended and he was selected to the post of Cattle Attendant. Once he had been validly appointed and had completed the period of probation and was duly recommended, his services could not have been terminated.

Needless to state that in the reply filed jointly by respondents No. 1 and 2, petition as such has been contested. The defence offered by the respondents is that the petitioner has been living in village Dadupur Jat-tan, PO Ledi, Tehsil Chhachhrauli, Distt. Yamuna Nagar with his wife since February, 1996. His name was transferred from the Employment Exchange, Naraingarh to the Employment Exchange, Chhachhrauli. However, he is a permanent resident of village Harbhon, P.O. and Tehsil Naraingarh, Distt. Ambala. Petitioner himself has given his permanent address of Naraingarh. As per the respondents, the petitioner has adopted unfair means to get his name transferred from the Employment Exchange, Naraingarh to the Employment Exchange, Chhachhrauli with the sole objective of getting himself so appointed.

We have considered the submissions made at the Bar. We deem it appropriate not to adjourn the matter because petition as such deserves to be allowed at motion stage, itself. The reasons are not far from fetching. It is admitted case that the petitioner was a permanent resident of Tehsil Naraingarh. His name was registered with the Employment Exchange at Naraingarh. He got his name transferred from the Employment Exchange, Naraingarh to the Employment Exchange, Chhachhrauli. At that time there was no objection raised at either end. Not only that, when the occasion arose, the Employment Exchange, Chhachhrauli sponsored his name. Annexure R-1 clearly indicates that the petitioner has given his permanent address of Naraingarh but mentioned that he was registered with the Employment Exchange, Chhachhrauli. Even at that time, there was no objection from any side and the petitioner was selected. It is not fair on the part of respondents now to assert that the petitioner has indulged in using unfair means. The petitioner had stated correct facts. It was for the respondents to raise objection if any at the appropriate time but they did not do so and instead allowed the petitioner to continue and complete his probation period of two years. It is too late in the day for the respondents now to assert that the petitioner''s recommendation from the Employment Exchange, Chhachhrauli was unfair. In fact, it would be unfair if now the appointment of the petitioner to a class IV post is quashed.

For these reasons, there is no hesitation in setting aside the impugned order Annexure P-4. The writ petition is allowed and the impugned order Annexure P-4 is quashed.

Petition allowed.