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2025 Supreme(Online)(P&H) 29317

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CHARNBIR SINGH – Appellant
Versus
PANJABI UNIVERSITY PATIALA – Respondent
CWP_13338_2025



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 15.10.2025 Charnbir Singh ......Petitioner Vs.

Punjabi University Patiala and others ......Respondents CORAM: HON’BLE MR. JUSTICE DEEPINDER SINGH NALWA Present: Mr. S. S. Swaich, Advocate, with Ms. Ishani Goyal, Advocate, &

Mr. Jobanpreet Singh, Advocate, for the petitioners.

Mr. H. S. Batth, Advocate, for the respondents.

***

DEEPINDER SINGH NALWA , J. (ORAL)

1. In the present writ petition, the petitioner is praying for issuance of a writ in the nature of certiorari for quashing the impugned order dated 01.04.2025 (Annexure P-6) passed by respondent No.3, whereby the services of the petitioner have been terminated with the further direction to the respondents to permit the petitioner to continue in service along with all consequential benefits.

2. The brief facts of the case are that respondent-University issued an advertisement for the recruitment of posts of Clerk in the year 2015, the petitioner applied in pursuance to the abovesaid advertisement. The name of the petitioner was duly considered and recommended by the Selection Committee. The petitioner was appointed on the post of Clerk after the approval of Vice-Chancellor, Punjabi University, vide appointment letter dated 03.08.2015 (Annexure P-1) on contractual basis for the period of three months, various spells of extensions in service were given to the petitioner from time to time. The appointment of the petitioner was converted to Ad- hoc appointment vide order dated 07.03.2019 (Annexure P-2) along with other similarly appointed persons/employees. A copy of the order dated 07.03.2019 is attached as Annexure P-2. A perusal of the Annexure P-2 would show that the terms and conditions mentioned in the appointment letter dated 03.08.2015 (Annexure P-1), were also to be read as a part of the order dated 07.03.2019. The respondent-University passed an order 03.02.2023 (Annexure P-3) whereby, the services of the petitioner was terminated. A perusal of the order dated 03.02.2023 (Annexure P-3) would show that the services of the petitioner was terminated w.e.f 03.02.2023 taking into consideration the news reports published in the newspapers and registration of FIR No.0032 dated 28.01.2023 under Sections 370(5), 120-B, 417 IPC and Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, at Police Station Sohana, SAS Nagar, against the petitioner for involving in illegal acts. Aggrieved against the aforesaid order dated 03.02.2023 (Annexure P-3), the petitioner filed a writ petition before this Court being CWP-13462-2024. The abovesaid writ petition was disposed of on 16.09.2024 (Annexure P-4). A perusal of the order passed by this Court on 16.09.2024 would show that learned counsel appearing on behalf of respondent-University on instructions submitted that the impugned order dated 03.02.2023 (Annexure P-3) be treated as withdrawn with liberty to pass an appropriate fresh order qua the petitioner and the petitioner will be reinstated in service within a period of two weeks from today subject to fresh proceedings to be initiated against the petitioner. In pursuance to the abovesaid order, the petitioner was reinstated in service vide order dated 22.10.2024 (Annexure P-5). The respondent-University again terminated the services of the petitioner w.e.f. 26.03.2025 vide order dated 01.04.2025 (Annexure P-6). A perusal of the order dated 01.04.2025 would show that in the light of the terms and conditions mentioned in Condition No.2 mentioned in the appointment letter dated 03.08.2015, the services of the petitioner has been terminated. Aggrieved against the order dated 01.04.2025 (Annexure P-6), the petitioner has approached this Court by way of filing the present writ petition.

3. Learned counsel for the petitioner submits that before passing of the order dated 01.04.2025 (Annexure P-6), no notice was issued, as such, the abovesaid order dated 01.04.2025 is liable to be set aside. Learned cou

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