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2022 Supreme(P&H) 66

G. S. SANDHAWALIA, VIKAS SURI
Managing Committee, Goswami Ganesh Dutt Sanatan Dharam College, Palwal – Appellant
Versus
Sabir Hussain – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Sudhanshu Makkar, Advocate
For the Respondent:Mr.Namit Kumar, Advocate, for respondent No.1., Ms.Palika Monga, DAG, Haryana

JUDGMENT :

G.S. SANDHAWALIA, J.

1. The present Letters Patent Appeal, filed by the Managing Committee of the appellant-College, is directed against the impugned order passed by the Learned Single Judge in CWP-18000-2020 on 12.01.2021 whereby the writ petition was allowed, setting aside the termination order dated 04.12.2009 (Annexure P-10) and the appellate order dated 12.10.2020 (Annexure P-18).

2. Vide the said order, Learned Single Judge came to the conclusion that without conducting a regular enquiry, the services of respondent No.1 could not have been terminated even in case of a probationer since the order contained reasons that it was on account of serious misconduct on the part of the employee. It was, accordingly, held that it was not done in accordance with the rules and a charge-sheet must be issued and the employee was required to file his reply thereto. Resultantly, liberty was given to pass a fresh order in accordance with law while placing reliance upon the judgments in Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences 1999 (1) SCT 861, Union of India & others Vs. Mahaveer C.Singhvi 2010 (3) SCT 578 and Ashok Kumar Chopra Vs. Union of Ind

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