IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 7512 of 2010. Decided on: December 22, 2010. Vivek Kumar …..Petitioner. Versus State of H.P. & ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K.Ahuja, Judge. For the petitioner(s): Mr. Lalit K. Sharma, Advocate. For the Respondents: Mr. R.K.Bawa, AG, with Mr. J.K.Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) Challenge is on Annexure P-7, order passed by the first respondent, terminating the petitioner from his contractual assignment of Agriculture Development Officer. It is seen from Annexure P-7 that orders were issued on the alleged involvement of the petitioner in some shady transactions regarding procurement and distribution of fertilizer. On 30th November, 2010, we passed the following order: “Sub Inspector/Investigating Officer, Police Station, Balh, District Mandi, will stand impleaded as 5th respondent. There will be a direction to 5th respondent to file a short affidavit as to whether there is any involvement of the petitioner in the alleged transactions, referred to in FIR No. 184, dated 19.5.2010. The affidavit, as above, shall be filed within two weeks from the date of production of a copy of this order by the petitioner before the Investigating Officer. Post on 22.12.2010. The operation of Annexure P-7 will be subject to the result of the writ petition. Dasti copy to the petitioner to be produced before the Investigating officer.” 2. The Investigating Officer has filed an affidavit on 16th December, 2010, wherein it is stated at Paras-3 and 4 as follows: “3. That after the registration of the case respondent alongwith Agriculture Officers/officials visited at the said shop where Smt. Asha Devi was found present in Agriculture officer checked the shop and had found 33 bags of Fertilizer(12:32:16) whereby complainant give her a show case notice No.1 and 2 on 19.05.2010 under Section 28 of (1)(b) of National Fertilizer Act as to whether she has any said stock Register, receipt Book, Fertilizer Sail Block, but she could not produce the same at the relevant time. Accordingly the complainant seized the 33 bags of 2 Nitrogen Phosphorus Potassium (12:32:16) after taking 3 sample from the 3 bags chemical analysis the bags were handed over to respondent No.5. During the course of investigation all the bags were given to the complainant on spurdari in the presence of witnesses, a site plan was prepared and the statements of witnesses under Section 161 Cr.P.C. were recorded. On receipt of report of analytical Chemist Fertilizer Quality control Laboratory Hamirpur, Distt. Hamirpur, H.P. A challan under Section 3(7) EC Act 1955 and was presented in the Court for trial. The accused Smt. Asha Devi was arrested on 19.05.2010 and was enlarged on bail by the police on the same day. 4. That during the course of investigation the respondent No.5 has not found any involvement of the petitioner(Vivek Kumar son of Shri Shobha Ram R/o village Chhatru P.O. Kummi tehsil Sadar, Distt. Mandi, H.P. in this FIR No. 184/2010 dated 19.05.2010 Police Station Balh, Distt. Mandi, H.P.” 3. In view of position, as explained, by the Investigating officer that the petitioner is not involved in the alleged transactions and that the involvement is only of the wife of the petitioner, the basis of termination is shaken. The law does not provide and the contract does not contemplate the termination on account of involvement of the wife of the petitioner. Therefore, we set aside Annexure P-7 with a direction to forthwith reengage the petitioner and continue him in terms of the contract, executed between the parties. 4. The Writ Petition is accordingly allowed and disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. December 22, 2010. ( Justice V.K.Ahuja ), (karan) Judge.