Rajbir Singh vs State of Haryana and Others

Ajay Tewari, J.—This order will dispose of CWP Nos. 832 of 2006 (O&M), 791 of 2006 and 796 of 2006. In these cases, the petitioner/s were granted benefits of accelerated promotion etc. Thereafter, in all these cases, show cause notices were issued by the Inspector General of Police after a period of few years, asking the petitioner/s to show cause why the benefits granted to them should not be withdrawn. Replies were filed and the impugned order/s were passed taking away the benefits granted to the petitioner/s. The sole contention is that the orders have been passed on the direction of the Director General of Police and, therefore, could not have been any application of mind. In Laxmi Naryana and Ors. v. State of Haryana and Ors., a Division Bench of this Court held as follows:

The petitioners came into service from 1990 onwards. Their services are sought to be abruptly terminated on the ground that their initial appointments were perhaps contrary to the rules. It is a settled proposition of law that the orders causing civil consequences cannot be passed without observing rules of natural justice. Mr. Malik has rightly made a grievance that the show cause notices issued by the Block Education Officers are mere formality as the decision has already been taken by the superior authority to terminate the services of the petitioners. In our opinion, the petitioners have been condemned unheard.

In these circumstances, in my opinion, it would be in the interest of justice, if the impugned order/s are set aside and the Director General of Police is directed to reconsider the matter. The petitioner/s may file fresh replies to the show cause notice/s within a period of one month from the date of receipt of certified copy of this order and the Director General of Police will pass a speaking order within a period of one month thereafter. It is, however, made clear that the petitioner/s would not be entitled to seek any benefit of the fact that the impugned order/s have been quashed till such time as the fresh decision is taken by the Director General of Police. Needless to say, in case the Director General of Police decides not to take back the benefits granted to the petitioner/s, then the petitioner/s would be at liberty to claim all consequential benefits. Petitions disposed off.

A photocopy of this order be placed on connected files.