Date of decision v. State of Ha
Case at a glance
Outcome
Disposed of
resent writ petition is disposed of wit
Judgment
AM:- HON'BLE MS. JUSTICE NI E NIDHI GUPTA Present:- Mr. Kuldeep Sheoran, Advoca dvocate for the petitioner. Ms. Tanushree Gupta, Addl. A ddl. A.G., Haryana. NIDHI GU HI GUPTA J. (Oral) Prayer in the present petitio petition is for issuance of an appropriate opriate writ, order or direction, par n, particularly in the nature of Certiorari, orari, for quashing the order dated 0 ated 07.07.2008 (Annexure P-1) passed by ed by respondent No.4, whereby the by the services of the petitioner were termin terminated solely on account of his co his conviction in a criminal case, which con h conviction has subsequently been been set aside by this Hon’ble Court vide t vide judgment dated 17.09.2025 ( 2025 (Annexure P-3) passed in Criminal inal Revision No.529 of 2010. I
It is submitted that the department rtmental appellate authority, while dec ile deciding Service Appeal No.9 of 2008 vid 08 vide order dated 02.04.2009 (Anne (Annexure P-2), had specifically observed th rved that the final decision in the crim e criminal proceedings would be binding up ing upon both the parties. Despit Despite the conviction having VIJAY ASIJA 2026.08.14 20.37 I attest to the accuracy and integrity of this document CWP-23645-2026 (O & M) 2 subsequent equently been set aside and the acquit acquittal of the petitioner having attained fin ed finality, the respondents have faile e failed to give effect to the said judgment, ment, thereby rendering the impugned pugned termination order illegal, arbitrary an rary and unsustainable in law; for issua r issuance of an appropriate writ, order or di r or direction, particularly in the natu e nature of Mandamus, directing the respond espondents to reinstate the petitioner in oner in service with continuity of service an ce and, since the petitioner has alr as already attained the age of superannua rannuation, to treat him as having co ing continued in service till the date of his of his superannuation and thereafte ereafter to grant and release all consequent equential service, retiral and pensi pensionary benefits, including arrears of rs of pay and allowances, annual i nual increments, gratuity, leave encashmen shment, pension, family pension a sion and all other admissible benefits, a fits, along with applicable interest, terest, in accordance with law, particularly cularly in view of the legal notice da tice dated 10.10.2025/12.02.2026 (Annexure exure P-4), which was also duly serve served by hand by the petitioner in the offic e office of respondent No.3 on 18.02.2
Operative part
18.02.2026, seeking the aforesaid reliefs, but fs, but the same has neither been duly n duly considered nor acted upon by the resp e respondents till date. At the outset, learned counsel ounsel for the petitioner submits that the pe petitioner would be satisfied, at t d, at this stage, if a direction is issued to re d to respondent No.3 to consider and er and decide the aforesaid Legal Notice dat ce dated 10.10.2025 (Annexure P re P-4), which is stated to be pending co ing consideration. Notice of motion. VIJAY ASIJA 2026.08.14 20.37 I attest to the accuracy and integrity of this document CWP-23645-2026 (O & M) 3 Ms. Tanushree Gupta, Add , Addl. A.G., Haryana accepts notice and e and has no objection in case the limi e limited prayer made by learned counsel for sel for the petitioner is accepted. Without expressing any opin y opinion on the merits of the claim raise raised by the petitioner, and in view view of the limited relief sought, the present resent writ petition is disposed of wit of with a direction to respondent No.3 to co to consider and decide the Legal Legal Notice dated 10.10.2025 (Annexure exure P-4) by passing a speaking eaking and reasoned order, in accordance rdance with law, within a period of d of 06 months from the date of receipt of a pt of a certified copy of this order. It is made clear that this Co is Court has not expressed any opinion on ion on the entitlement of the petitioner itioner to the claimed benefit, and the compe competent authority shall take an e an independent decision in accordance rdance with the applicable rules and re and regulations. Pending application(s), if any if any, shall also stand disposed of. August 13 Vijay Asija 3, 2026 Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.08.14 20.37 I attest to the accuracy and integrity of this document
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.