C.W.P. No. 18521 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 18521 of 2009 Date of Decision : May 31, 2011 Jarnail Singh .... PETITIONER Vs. S.G.P.C., Amritsar and another ..... RESPONDENTS CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH * * * Present : Mr. R.S.Bains, Advocate, for the petitioner. Mr. Sukhbir Singh, Advocate, for the respondents. * * * AUGUSTINE GEORGE MASIH, J. (ORAL) The challenge in the present writ petition is to the order dated 07.06.2008 (Annexure P-10) passed by the respondents vide which the petitioner was removed from service as Driver. It is the contention of the counsel for the petitioner that before terminating the services of the petitioner, no regular departmental enquiry was held in accordance with law. He submits that neither the evidence was recorded in the presence of the petitioner nor was he given an C.W.P. No. 18521 of 2009 2 opportunity to cross-examine the witnesses, which has led to the violation of the principles of natural justice and even the copy of the enquiry report was also not supplied to the petitioner and, therefore, the report of the Enquiry Officer cannot be sustained and the consequential order of removal from service of the petitioner also cannot be sustained. Notice of motion was issued in this case and reply has been filed by the respondents. The specific averments made by the petitioner with regard to non-compliance of principles of natural justice in para-20 of the writ petition have not been denied by the respondents specifically in their reply. Counsel for the respondents, on instructions from Sh. Kulwant Singh, Supervisor (Establishment) and on the basis of the records, states that the evidence was not recorded in the presence of the petitioner and copy of the enquiry report was also not supplied to the petitioner. In view of the above position, the principles of natural justice having been violated, the impugned order dated 07.06.2008 (Annexure P- 10) cannot be sustained and is hereby quashed. Consequently, the petition is allowed. Resultantly, the petitioner shall be deemed to be in service and also entitled to other consequential benefits but the financial benefits would be restricted from the date of filing of the writ petition, which shall be released to him within two months from the date of receipt of copy of this order. Liberty is, however, granted to the respondents to proceed against the petitioner departmentally in accordance with law, if they so desire. (AUGUSTINE GEORGE MASIH ) May 31, 2011 JUDGE pj