CWP(T). 12491/2008 18.05.2011 Present: Mr. Ranjan Sharma, Advocate for the petitioner. Mr. Ram Murti Bisht, Dy. A.G. for respondents-state Mr. Rabinder Thakur, Advocate, for respondent No.5 Petitioner has filed the present petition, inter alia praying for the following reliefs:- “i) That the orders dated 23.4.2005 vide Annexure-A/4 terminating the services of the applicant as Part Time Water Carrier in GPS Banoi, Tehsil Bhatiyat, District Chamba may kindly be quashed and set aside. ii) That the respondents may be directed to permit the applicant to work as a Part Time Water Carrier in GPS Banoi, with all consequential benefits like seniority and arrears of salary etc forthwith; iii) That the provisions of clause 4(iii) of the appointment letter/agreement vide Annexures A-1 and A-3, providing for termination without notice/hearing/ inquiry and abruptly, may kindly be declared illegal, violative of the principles of natural justice and unconstitutional and may kindly be quashed and set aside. ” 2. On 20.05.2005, following order was passed:- “MA(D)-126/2005. In view of the averments made in this misc. application, the same is allowed. However, the learned counsel for the applicant is directed to file the English translation within two weeks. MA sands disposed of. OA(D)-160/2005. Notice pending admission. The learned Addl. Advocate General waives service of notice on behalf of respondents No.1 to 5. Reply be filed within six weeks. List thereafter. Issue notice to respondent No.5 with direction to file the reply within the above stipulated period. In the meantime, the operation of Annexure A-4 dated 23.4.2005 qua the applicant is stayed till further orders.” 3. Inspite of several opportunities, no reply has been filed by the State. Petitioner is continuing to perform the duties of Part Time Water Carrier in the said school. The respondents, in terms of Annexure A-4 are seeking to dispense with the petitioner’s engagement as a Part Time Water Carrier in the concerned school. This is on the basis of some false complaint according to the petitioner. That apart, before passing the impugned order, no notice/ opportunity of hearing was ever issued/afforded to the petitioner. Consequently, on this short ground alone, Annexure A-4 is quashed with liberty to the respondent-State to take action in accordance with law after fully complying with the principles of natural justice. 4. With the aforesaid observations, the present petition is allowed. ( Sanjay Karol ), Judge. May 18 2011 (rana)