1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No.11351 of 2008 Date of decision: 23.12.2010 ________________________________________________________________ Devinder Singh .....Petitioner. Versus Himachal Pradesh State Forest Corporation Ltd and Ors. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? Yes. ________________________________________________________________ For the petitioner: Mr. P.P. Chauhan, Advocate. For the respondents : Mr. Bhupinder Singh Thakur, Advocate. V.K. Sharma, J. (Oral). The petition has been filed on the following prayers vide para 7 (a) and (b): “(a) Quash the impugned order A-1 issued arbitrarily, malafide and illegally by the respondents. (b) Direct the respondents to pay salary for the period of illegal fictional break given in the service of the applicant by the respondents vide impugned order along with arrears and interest thereon @ 18% pa and all other consequential benefits.” 2. In reply on behalf of the respondents, the following stand has been taken vide para 3 on merits : 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 “ That the contents of this para are wrong hence denied to the extent that the respondents have issued any alleged order on the said date with a view to keep fictional breaks in service of the applicant or to deprive him from being regularization and similarly the contents that the applicant have not been paid for the alleged date as mentioned are also wrong hence denied.” 3. In view of the above reply, it is manifest that while passing the impugned office order dated 4.8.2004, Annexure A-1, by respondent No.2, whereby services of the petitioner as daily wage Fieldman, were temporarily dispensed with on the allegation that on surprise checking during the night of 2.6.2004 he was found absent from duty, though lateron re-engaged, the petitioner was not afforded an opportunity of being heard in violation of the principles of natural justice and consequently the same cannot be sustained and is quashed. Resultantly fictional breaks in service, if any, shall also stand quashed. However, the respondent shall be at liberty to proceed in the matter in accordance with law and justice, if so advised. 4. The petition is allowed in the above terms along with consequential benefits. 5. In view of disposal of the main petition, pending CMP(s), if any, shall also stand disposed of as infructuous. (V.K. Sharma) Judge 23nd December, 2010 (Jai)