CIVIL WRIT PETITION NO. 12500 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: May 08, 2008 Parties Name Jai Singh ..PETITIONER VERSUS State of Haryana ...RESPONDENT CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE K. C. PURI PRESENT: Mr. R.K.Malik, Advocate, for the petitioner. Mr. Harish Rathee, Sr. D.A.G., Haryana JASBIR SINGH, J. (oral) Order. By filing this writ petition, petitioner has prayed that a writ of certiorari be issued to quash order dated June 26, 2007 (Annexure P-4), vide which he was put under suspension. When notice of motion was issued, following contention of counsel for the petitioner was noticed by this Court on August 14, 2007: “The petitioner, who was working as Head Master in Government High School Sehlang (Mahendergarh), is aggrieved by order dated 26.6.2007 Annexure P-4, by which he has been suspended on the ground that while he was working as Block Education Officer, Mahendergarh, he illegally appointed Mahinder Singh on 1.7.2003 and Babu Lal on 1.12.2003 as Class -IV employees. CIVIL WRIT PETITION NO. 12500 OF 2007 -2- Mr. Malik, learned counsel for the petitioner submits that the petitioner was never posted as Block Education Officer at Mahendergarh and he had never appointed the aforementioned persons as Class-IV employees. Counsel for the petitioner has placed on record a certificate dated 8.5.2007 issued by the Block Education Officer, Mahendergarh, according to which it has been certified that neither the petitioner was posted as Block Education Officer, Mahendergarh nor he had the drawing and disbursement powers of the said post.” Vide order, referred to above, impugned order was also stayed. Shri Rathee has put on record copy of the communication, issued by the Commissioner and Director General, School Education, Haryana, Chandigarh, to the office of Advocate General, Haryana, Chandigarh. Relevant contents of the letter read thus: “It is submitted in this regard that the petitioner was suspended and charge sheeted on the basis of preliminary enquiry. After conducting the regular enquiry it has (been) found that petitioner was never posted and worked as BEO Mohindergarh. Hence no charges have been stand proved against the petitioner. The case regarding final orders regarding his suspension and charge sheet has been submitted to the competent authority for necessary decision which is still awaited. It is, therefore, requested that the above position may be brought to the notice of Hon'ble Court. The case is fixed for hearing on 8.5.08.” It is apparent from the contents of the letter, referred to above, CIVIL WRIT PETITION NO. 12500 OF 2007 -3- that the petitioner stood exonerated from the charges, levelled against him. In view of this, we are of the view that the suspension order is liable to be set aside and it is ordered accordingly. So far as other formalities with regard to any benefit available to the petitioner are concerned, the matter is pending before the competent authority, which is directed to take a final decision within a period of one month from the date of receipt of copy of this order. Disposed of. ( Jasbir Singh ) Judge ( K. C. Puri ) May 08, 2008. Judge DKC