JUDGEMENT
AMIT RAWAL,J. -
(1.)Grievance of the petitioner in present writ petition is that without holding any enquiry or being charge-sheeted, dehor of the fact that he had been appointed on contract basis as a Civil Engineer through outsourcing agency, his services vide impugned order dated 20.5.2019 (Annexure P-6) have been terminated,.
Amit Rawal, J. -
(2.)The facts culminating into filing of writ petition are that since 2016 petitioner holder of Diploma from Kurukshetra University was working as Junior Engineer, through outsourcing agency in Municipal Council, Kaithal, on contractual basis on monthly salary of Rs. 19,500/- per month. His services were extended from 3.10.2016 to 2.10.2017, vide letter dated 15.9.2017 and thereafter, vide letter dated 3.10.2018, was informed that his period of one year service is going to expire on 3.10.2018. Apprehending replacement by another set of contractual employees, the petitioner approached this Court by filing CWP No. 25417 of 2018 and this Court while issuing notice of motion protected the petitioner of not being relieved until and unless the regularly selected candidate is appointed or the work and conduct of petitioner is not found to be satisfactory. The order reads as under:-
"Notice of motion for 18.3.2019. In the meantime, the petitioners shall not be relieved unless regularly selected candidate is appointed or the work and conduct of the petitioners is not satisfactory and if they have to be replaced, the principle of Mast come first go'''''''' will be applied. 3.10.2018. (Ritu Bahri) Judge"
"Notice of motion for 18.3.2019.
In the meantime, the petitioners shall not be relieved unless regularly selected candidate is appointed or the work and conduct of the petitioners is not satisfactory and if they have to be replaced, the principle of Mast come first go'''''''' will be applied. 3.10.2018.
(Ritu Bahri)
Judge"
Mr. S.K. Garg Narwana, learned Senior Counsel assisted by Mr. Naveen Gupta, Advocate appearing on behalf, of the petitioner submitted that petitioner alongwith 10 (ten) other officials have falsely been implicated in FIR No. 128 dated 25.3.2019 under Sections 409, 420, 120-B of Indian Penal Code and Sections 7 and 13 of Prevention of Corruption Act, 1988 registered at Police Station Kaithal City, District Kaithal.
(3.)On the basis of aforementioned FIR, Deputy Commissioner/respondent No. 3'''''''' directed respondent No. 4-Executive Officer to send proposal within two days for conducting departmental action. On the basis of information, respondent. No. 4 vide letter dated 20.5.2019 (Annexure P-6) informed the petitioner that his services have been terminated on the ground of registration of FIR. The aforementioned action is totally punitive in nature, for, neither he was afforded any. opportunity nor any charge-sheet has been served.
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