State Of Haryana & Ors vs Navneet Verma

According to the respondent-herein, the third appellant applied for the post of Financial Adviser. Even though she did not fulfill the prescribed requirement of three years experience after doing chartered accountancy, she had been appointed as Financial Adviser and the respondent-herein who was appointed as Accounts Executive was required to report to her due to which she wanted him to work as her personal staff. He did not carry out petty directions. When he brought these facts to the notice of the Member Secretary, HBPE, he wanted him to resign the job. The Member Secretary and the Financial Adviser seemed to have different attitude and started planning to eliminate him. Having no other option, on 26.07.1994, he made a representation to the then Chief Minister of Haryana. In the meanwhile, the Financial Adviser third appellant herein lodged a false and baseless complaint against him to the Member Secretary. Based on the complaint of the Financial Adviser, a preliminary inquiry was conducted. However, no action was taken against him on the basis of the report of the Inquiry Officer. But instead of taking any action, in accordance with law, his services have been dispensed with consequent upon the abolition of the posts of Accounts Executives.

4) According to the respondent, there is no justification for abolition of the posts of Accounts Executive and it was done with a malafide intention to dispense with his services without any basis. Though two posts of Accounts Executives were advertised, only one post was filled up by appointing him. Thus, according to him, the post was not abolished in good faith, but this was a device to weed him out from service. Therefore, the order of termination on the ground of abolition of post is liable to be set aside.

7) The Learned Single Judge of the Punjab and Haryana High Court, after finding that the abolition of posts of Accounts Executives have not been done in good faith but only intended to get rid of the respondent-writ petitioner herein, quashed the order dated 30.12.1994 abolishing the posts of Accounts Executive and consequential termination of services of the writ petitioner. In the same order, the learned Judge issued direction for reinstatement with all consequential benefits. The said order was challenged by the Government of Haryana, HBPE as well as Smt. Kiran Lekha Walia, Financial Adviser, HBPE in Letters Patent Appeal No. 163 of 1999. The Division Bench, by impugned order, accepted the conclusion arrived at by the learned Single Judge and finding no merit in the appeal dismissed the same with no order as to costs. Questioning the order of the High Court, the appellants have filed the above appeal by way of special leave.

Accounts Executive 2 31.12.1994

2. Senior Research Officer 1 29.6.1999

3. Assistant Research Officer 1 28.8.2000

5. Computer Operator 1 1.6.2001

7. Clerk 1 22.10.2001

9. Personnel Advisor 1 14.5.2004

17) In the light of the above discussion, we are unable to accept the conclusion arrived at by the High Court and we are in agreement with the decision taken by the Bureau and the Government. Consequently, the orders passed by the High Court in L.P.A. No. 163 of 1999 dated 16.03.2004 and in C.W.P. No. 442 of 1995 dated 29.01.1999 are set aside. The appeal is, accordingly, allowed. There shall be no order as to costs.