Harpreet Singh vs State Of Punjab And Others
2024 Latest Caselaw 7463 P&H

Punjab-Haryana High Court

Harpreet Singh vs State Of Punjab And Others on 8 April, 2024

Author: G.S. Sandhawalia

Bench: G.S. Sandhawalia

                              Neutral Citation No:=2024:PHHC:046975-DB



                                            Neutral Citation No. 2024:PHHC:046975-DB

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

(116)                                              LPA-2025-2023
                                                   Decided on : 08.04.2024

Harpreet Singh

                                                                     ......Appellant(s)
                                          Versus

State of Punjab & others

                                                                 ......Respondent(s)


CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA,
        ACTING CHIEF JUSTICE
        HON'BLE MS.JUSTICE LAPITA BANERJI

Present:     Mr.Sameer Sachdeva, Advocate for the appellant (s).

             Mr.Salil Sabhlok, Sr.DAG, Punjab.

                *****

G.S. Sandhawalia, Acting Chief Justice (Oral)

1. Consideration in the present appeal is to the judgment passed in

CWP-25522-2023 which was dismissed on 05.12.2023 whereby the Learned

Single Judge did not feel it justified to interfere with the discontinuation of the

contractual service of the writ petitioner from 16.10.2019.

2. The Learned Single Judge noticed that the appellant was involved

in an FIR registered under Section 7 of the Prevention of Corruption Act, 1988

on account of allegations of demanding bribe of Rs.10,000/- being levelled. It

was in such circumstances, his services were dispensed with from the post of

Assistant Program Officer. A perusal of the said order would go on to show

that the appellant had been arrested on the charge of bribery and had been

detained for more than 24 hours and therefore, the service contract was

terminated by the Joint Development Commissioner-cum-Commissioner,

MGNREGA on 16.10.2019 (Annexure P-3).

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Neutral Citation No:=2024:PHHC:046975-DB

3. During the course of arguments, it transpires that the trial is

pending before the Court concerned in FIR No.10 dated 11.10.2019 lodged at

Police Station Vigilance Bureau, Bathinda. In such circumstances, keeping in

view the nature of the job and clause 5 of the appointment letter dated

21.08.2009 (Annexure P-1) which provided that if the work was not found

satisfactory, then the person could be removed from job without giving any

notice and thus he was removed from service. Thus, we do not feel that the

State authorities erred in any manner in dispensing with the services keeping

in view the terms of the contract and in the present case, as noticed, the

appellant had been arrested on the allegations of corruption.

4. In view of the above discussion, the present appeal is hereby

dismissed. However, in case the appellant secures an honourable acquittal, he

will be at liberty to file an application for consideration, keeping in view the

length of service.

(G.S. SANDHAWALIA) ACTING CHIEF JUSTICE

(LAPITA BANERJI) 08.04.2024 JUDGE Sailesh

Whether speaking/reasoned : Yes Whether Reportable : No

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