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(2021) Law Today Live Doc. Id. 16362 = 2021(2) L.A.R. 531
Decided on: 20.07.2021
Present:
Ms. Anu Chatrath, Senior Advocate with Ms. Daljit Kaur, Advocate, for the petitioner.
(Presence marked through Video Conference)
Constitution of India, Article 14, 226 -- Contractual employment – Removal without opportunity of hearing – Right of – Working as Data Entry Operator since 2013 and contract of his services had been extended from time to time -- Petitioner has been relieved from service, ostensibly in view of some complaints -- Submits that copy of said complaints was not even supplied to the petitioner so as to give him a chance to respond – Petitioner submitted a representation but the same has not been adverted by the respondents till date – Also requested to respondent-authorities to allow him to continue by taking him back in service -- Writ petition disposed of with a direction to the competent authority to look into the grievance of the petitioner as per representation and also by keeping in view the contentions raised in the writ petition by treating the same as supplementary representation and pass an order, in accordance with law.
(Para 2-6)
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ARUN MONGA, J. (ORAL) –
Petitioner herein, inter alia, seeks issuance of an appropriate writ directing the respondents to not allow respondent No.7 to join in his place, by in relieving him from the post of Data Entry Operator w.e.f. 31.01.2021.
2. Learned Senior counsel submits that petitioner had been performing his duties as Data Entry Operator since 2013 on contract basis. The contract of his services had been extended from time to time. The petitioner has been relieved from service, ostensibly in view of some complaints. She submits that copy of said complaints was not even supplied to the petitioner so as to give him a chance to respond. She further submits that if there had been any complaint against petitioner, he should have been given opportunity of hearing to defend himself. He has been summarily relieved from service.
3. In the premise, petitioner submitted a representation dated 16.05.2016 (Annexure P-10) but the same has not been adverted by the respondents till date. Petitioner also approached the respondent-authority in person, requesting to allow him to continue by taking him back in service. However, he was verbally informed that he will be adjusted at some other place. But no action has been taken till date. Hence, the instant petition.
4. After arguing for some time, learned Senior counsel under instructions of her briefing counsel submits that, at this stage let a final decision is taken, either way, by passing an order by the competent authority on the pending representation dated 16.05.2016 (Annexure P-10), giving reasons thereof.
5. Given the nature of order being passed, there is no necessity to issue notice to the respondents as no further proceedings and/or pleadings are required.
6. Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioner as per representation dated 16.05.2016 (Annexure P-10) and also by keeping in view the contentions raised in the present petition by treating the same as supplementary representation and pass an order, in accordance with law.
7. Let the needful be done within a period of two months from today.
8. Disposed of accordingly.
Order accordingly.
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