CWP No.15896 of 2008 -1- In the High Court of Punjab and Haryana at Chandigarh. Date of decision:29.01.2009 Madhu Sudan ... Petitioner. Versus Secretary Indian Red Cross Society, Punjab State Branch Red Cross Bhawan, Sector 16-A, Madhya Marg, Chandigarh and another. ... Respondent. CORAM; HON'BLE MR JUSTICE PERMOD KOHLI Present: Mr. Mohit Garg, Advocate, for the petitioner. Respondents in person with Mr.IS Mann, Advocate. PERMOD KOHLI, J. (Oral): Written statement on behalf of respondent No.2 has been filed today in Court. The same is taken on record. Copy given to the counsel opposite. Services of the petitioner has been terminated vide order dated 14.06.2005, Ammexre P-5, on the basis of certain allegations that he along with some other employees of the Deputy Commissioner's office has misused the Red Cross Rest House for immoral purposes as they were found in compromising position with a girl. It is this order which has been assailed by the petitioner in the present writ petition. On being put to notice, the respondent No.2 has filed the written statement giving details of the incident. It is stated that First Information Report under Section 376 of the Indian Penal Code was registered against the petitioner and others. It is further stated that CWP No.15896 of 2008 -2- proceedings under Section 109 of the Code of Criminal Procedure were also initiated. It has also been mentioned that the incident and the act of the petitioner, has given a bad reputation to the Red Cross Society and, thus, the petitioner's services have been terminated in accordance with law. It is admitted case of the parties that the petitioner has been acquitted of the criminal charge. It is also not in dispute that neither any disciplinary proceedings have ever been initiated against the petitioner, nor any charge sheet was ever served upon him. No departmental enquiry has been held in accordance with the rules and the service of the petitioner has been terminated only on the basis of the First Information Report and the report in the Media. The impugned order is, thus, violative of principles of natural justice and, thus, is liable to be set aside on that count alone. In view of the above circumstances, present petition is allowed. Impugned order dated 14.06.2005, Annexure P-5, is hereby set aside. The petitioner shall be deemed to be in service, though, he will not be entitled to any monetary benefits during the period he remained out of service. The petitioner shall be reinstated forthwith. However, his salary shall be fixed by giving him notional benefit of increments and pay revision etc. if any. Since the order of termination has been set aside for non-observance of the principle of natural justice, respondents are at liberty to initiate disciplinary proceedings against the petitioner,if so desired, in accordance with law. In the event the respondents initiate disciplinary proceedings against the petitioner, the same shall be concluded within a period of four months and appropriate order passed thereon. No costs. 29.01.2009 (PERMOD KOHLI) BLS JUDGE