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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Jagdish Chand – Appellant
Versus
Haryana State Warehousing Corporation – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present writ petition has been filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of Certiorari to quash the impugned termination order dated 13.06.2022 (Annexure P-9) issued by the Respondents, whereby the services of the petitioner as Manager Grade-II were terminated. It is further prayed that a writ in the nature of Mandamus or any other appropriate writ, order, or direction be issued declaring that the appointment of the petitioner as Manager Grade-II, made on 05.02.2010 (Annexure P-3), does not suffer from any infirmity.
FACTUAL BACKGROUND
2. Briefly stated, the genesis of the present dispute lies in an advertisement (Annexure P-1) published by the Haryana State Warehousing Corporation on 29.08.2009, inviting applications for four (4) posts of Manager Grade-II. The break-up of the posts was as follows:
a. Two posts for the General Category.
b. One post for the SC Category.
c. One post for the BCA category
3. The petitioner, being fully eligible, applied for a post under the General Category. A duly constituted Selection Committee interviewed the candidates and, vide its proceedings (Annexure P-2)
The court affirmed that an employee cannot be terminated without proper inquiry and adherence to disciplinary procedures, especially when no fraud or misrepresentation occurred during appointment.
Innocent appointees of an erroneous evaluation should not be ousted from service, especially when there is no fraud or misrepresentation on their part.
The termination of an employee must be based on valid grounds and must follow principles of natural justice, and lack of fraud, misrepresentation, or misconduct on the employee's part can render the ....
Appointments made without lawful selection process are illegal and cannot be regularized.
The court ruled that an FIR may be quashed if allegations do not disclose an offence, emphasizing prior judicial validation of the recruitment process.
Termination of employment without following the principles of natural justice, especially when the employee has a valid appointment, is unlawful and discriminatory.
Dismissals from service upheld due to misconduct; appointments not conferring rights due to violation of recruitment procedures. Legality and fairness in employment processes must align with statutor....
Point of law: it is always permissible for the authority not to perpetuate illegality once having been noticed and here in the instant case, from the initial stage itself, before allowing the petitio....
Long-term employment based on transparent recruitment cannot be invalidated solely due to procedural irregularities, reinforcing principles of natural justice and legitimate expectations.
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