SANTBIR Vs. STATE OF HARYANA AND ORS.
LAWS(P&H)-2011-5-209
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 03,2011

Santbir Appellant
VERSUS
State Of Haryana And Ors. Respondents

JUDGEMENT

Ajai Lamba, J. - (1.) THIS petition has been filed praying for issuance of a writ in the nature of certiorari, quashing Orders dated 5.3.2007 and 19.2.2008, Annexure P -2 and P -3, respectively.
(2.) VIDE Order dated 5.3.2002 (Annexure P -2), Deputy Commissioner, Faridabad, directed removal of the Petitioner from the post of Chaukidar of village Badhram, Tehsil Palwal, District Faridabad. Petitioner carried an appeal that has been dismissed vide Order dated 19.2.2008 (Annexure P -3) passed by Commissioner, Gurgaon Division, Gurgaon. Short contention of learned Counsel for the Petitioner is that show cause notice was not given to the Petitioner before passing of order dated 5.3.2007 (Annexure P -2). Had proper opportunity by way of show cause notice been given to the Petitioner, he could have satisfied the Deputy Commissioner in regard to the falsity of the claim of Gram Panchayat, at whose instance the Petitioner has been removed.
(3.) AFFIDAVIT of Shri Dharam Pal, Tehsildar, Palwal, sworn on 15.12.2010, has been filed wherein it has been stated that no show cause notice was given by District Collector to the Petitioner before passing of order of removal, dated 5.3.2007 (Annexure P -2).;


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