IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5770 of 2008 Date of Decision: 7.4.2008 Sheela Devi Petitioner Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE K.C.PURI Present: Shri Ram Niwas Sharma, Advocate for the petitioner Jasbir Singh, J. (Oral) This order shall dispose of two Civil Writ Petition Nos.5770 of 2008 and 5775 of 2008, involving same question of law and facts. For facility of reference, facts are being mentioned from CWP No.5770 of 2008. Notice of motion. Shri Harish Rathee, Sr. D.A.G. Haryana accepts notice. Counsel for the parties heard. Admittedly, the petitioner is working as Peon-cum-Chowkidar against a regular post. He has filed this writ petition to lay challenge to the notice dated 1.4.2008(P/5), vide which he has been asked to show cause as to why his service be not terminated. It is allegation against him that the process, through which he was selected, was illegal/ fake. It is apprehension of the petitioner that the authorities concerned, without complying with the provisions of the Haryana State Secondary Education Civil Writ Petition No.5770 of 2008 Field Offices (Group-D) Service Rules, 1998 and Haryana Service (Punishment and Appeals) Rules, 1987, will terminate his service. It is an admitted fact that termination from service is a major penalty as envisaged under the above said rules. As per rules, referred to above, if the competent authority wishes to take any action for termination of service of an employee, it is incumbent upon that authority to institute a regular departmental enquiry. Shri Rathee has failed to show us any rule to the effect that without holding an enquiry, service of a regular employee can be terminated. If that is so, apprehension of the petitioner appears to be mis-conceived. We dispose of this writ petition, directing the respondents to take action against the petitioner, as per rules, referred to above and if they wish to terminate service of the petitioner, for any wrong committed by him or at the time of process of selection, the authorities shall take action as per rules, referred to above (i.e. only after regular departmental enquiry, if need be). (Jasbir Singh) Judge April 07, 2008 (K.C. Puri) gk Judge 2