IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-5348-2026 Date of Decision : 25.02.2026 MOHIT KAMBOJ .....Petitioner VERSUS STATE OF PUNJAB AND ANOTHER .....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Akhil Ahuja, Advocate, for the petitioner.

Mr. Sahil R. Bakshi, AAG, Punjab assisted by Mr. Jatinder Singh, Chief Engineer, HQ.

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KULDEEP TIWARI , J.(Oral)

1. The order dated 22.01.2026 (Annexure P-17) vide which the petitioner has been dismissed from service, passed by respondent no.1, has been put to challenge through the instant writ petition, cast under Article 226 of the Constitution of India, on the following grounds:-

i. That no charge-sheet following the departmental enquiry was conducted, whereas, stigmatic order was passed against him,which does not pass the test of legality.

ii. The petitioner, was subject to repeated medical tests to ascertain the percentage of his disability, therefore, he cannot put to unnecessary harassment, specifically, when his earlier disability certificate was not doubted by the department while being appointed.

iii. All the seats of physically handicaps are lying vacant in the department, despite that impugned order has been passed against the petitioner.

2. Succinctly stated, the petitioner was appointed as a Junior Engineer (Civil) in Water Resource Department on temporary basis vide Appointment letter dated 21.01.2025, under physically handicapped (hearing impaired) category. As per said letter, his probation period was fixed for 3 years, which is yet to expire. The department received a complaint against one Pritam Singh, who was appointed with the present petitioner, regarding submission of false medical certificate of disability. Thereupon, a decision was taken by the department concerned to re- evaluate the disability of all the candidates who were appointed under the physically handicapped category, and an omnibus direction was issued to all such candidates, including the petitioner to appear before the medical examination regarding disability before the Medical Board to be constituted by Director, Dr. B.R. Ambedkar State Institute of Medical Sciences, Mohali. The petitioner was directed to appear before that Board vide office letter 14.05.2025 (Annexure P-6), however, the Superintendent, AIIMS, Mohali, vide letter dated 18.07.2025 (Annexure P-7) directed the petitioner to appear before the Medical Board as such tests are conducted every week on Tuesday and Thursday. Again vide officer letter 28.07.2025, also he was directed to appear before the Medical Board within a week, but despite lapse of four months he failed to appear, which led the department concerned, to issue a show cause notice on 20.08.2025 (Annexure P-9), granting him 15 days time to appear before the Medical Board concerned, to get his disability percentage verified. Then, the petitioner appeared before the Medical Board on 05.09.2025, and from there, he was referred for further hearing test, either to the GMCH-32/PGI/GMC Patiala. The petitioner appeared for his medical examination Rajindra Hospital, Patiala, on 24.10.2025 (Annexure P-13), however, finding that there was lack of such facility, to evaluate the percentage of disability of hearing impairment, through letter dated 19.11.2025, he was directed to appear before the Superintendent, Guru Gobind Singh Medical College and Hospital, Faridkot, Punjab, with the following observations:-

“As per guidelines Government of India of March 2024, hearing threshold for right and left ears are required by using frequency specific chip evoked tone burst ABR/ASSR using frequency are required. The ABR report of GMC Patiala, is only click ABR, it is not possible to calculate the percentage on this basis alone. The case of patients is forwarded to your institute. Plead provide the required audiological assessment. A copy of OPD slip and other documents are attached herewith.”

3. The department concerned, also directed the petitioner to immediately app