128 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 03.09.2025 Kuldeep ....Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Bhim Sain Mittal, Advocate for the petitioner.

Mr. Piyush Khanna, Addl.A.G., Haryana.

Mr. Sanjeev Kaushik, Advocate for the respondents-DHBVNL.

HARPREET SINGH BRAR, J. (ORAL)

1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to allow the petitioner to join duty in terms of order dated 21.10.2024 (Annexure P-5) passed in CWP-28378-2024 titled- ‘Gurmukh Singh vs. State of Haryana and others’as well as judgment dated 04.03.2025 (Annexure P-6) passed by this Court in CWP-2316-2020 titled- ‘Suresh Pal vs. Uttar Haryana Bijli Vitran Nigam Ltd. and others.’

FACTUAL BACKGROUND

2. Briefly, the facts are that the Haryana Staff Selection Commission, Panchkula, advertised for various posts vide advertisement No.1/2011. Pursuant to the same, the petitioner was selected for the post of Assistant Lineman, as discernible from appointment letter dated 25.10.2012 (Annexure P-12). Accordingly, after getting medically examined, the petitioner joined the said post on 26.10.2012 at Sub Division Panjuana, District Sirsa. However, some information was supplied to the respondent-Nigam by an RTI activist, claiming that the qualifications of various Assistant Linemen were improper. As such, vide letter dated 30.12.2022, the certificate of the petitioner as well as some other employees were again sent for verification to Director, Government Industrial Training Institute, Lucknow. Consequently, the Principal of the concerned ITI, vide report dated 22.02.2023, submitted that the record of the certificate issued to the petitioner against Roll No.065718 is not available as it was not issued by the institute.

3. Thereafter, the petitioner received a show cause notice dated 09.03.2023 (Annexure P-3) from the office of respondent No.4-XEN on the ground of submitted fake certificates at the time of appointment. The petitioner submitted a reply denying the allegations, however, his services were terminated vide order dated 17.03.2023 (Annexure P-4).

CONTENTIONS

4. Learned counsel for the petitioner submits that the petitioner passed the prescribed test in the trade of Electrician from Government Industrial Training Institute, Kanpur, U.P., pursuant to which he was issued a National Trade Certificate (Annexure P-1) by National Council for Vocational Training. Further, the petitioner has cleared the probation period of 02 years and has been in service for the last 10 years. The certificates of the petitioner were duly verified during the probation period and therefore, respondent- Nigam ought not to have sent them again for verification on the basis of some information supplied by an unreliable source. Further, the services of the petitioner were terminated vide order dated 17.03.2023 (Annexure P-4), which is a major penalty, in contravention of Clause 7 of the Dakshin Haryana Bijli Vitran Nigam Limited Employees (Punishment and Appeal) Regulations, 2006, as neither a charge-sheet was issued nor was a departmental inquiry conducted, also making the actions of the respondent-Nigam is violative of Article 311(2)

of the Constitution of India.

5. Further still, some similarly situated employees had approached this Court vide CWP-28378-2024 wherein, vide order dated 21.10.2024(Annexure P-5), the termination order qua them was stayed and the petitioners therein were directed to join their duty. Further, in CWP-2316-2020 and 37 other connected cases, this Court, vide judgment dated 04.03.2025 (Annexure P-6), directed the petitioners therein to join duty and also granted benefits for the period they were kept out of service. After passing of the said judgment (Annexure P-6), the petitioner moved a representation dated

09.06.2025 (Annexur