- (1.) Heard learned counsel for the parties at length.
(2.) The petitioner joined the Department of Employment Generation and Training, State of Punjab as Employment Officer on 1.2.1991. The date of superannuation of the petitioner was 31.8.2010. In terms of order dated 24.8.2010, Annexure P2, the petitioner who was on deputation with the Chandigarh Administration, UT was accorded extension for one year beyond 31.8.2010 i.e. 1.9.2010 to 31.8.2011. Such extension was in relaxation of the provisions of Rule 3.26 of the Punjab Civil Services Rules, Vol.I, Part-I. Furthermore, such extension was subject to the approval of the competent authority/State Government. The challenge in the present writ petition is to the order dated 13.5.2011, Annexure P5, whereby the petitioner has been relieved from service with immediate effect.
(3.) The case set up on behalf of the petitioner is that the impugned order dated 13.5.2011 has been passed in violation of the principles of natural justice inasmuch as no notice or opportunity of hearing had been granted to him prior to passing of the same. That apart, it has been contended on behalf of the petitioner that as his work and conduct had been without blemish, he was vested with a right to continue in service till 31.8.2011 as per extension granted vide order at Annexure P1. It has also been contended that the impugned order has been passed in violation of Article 311(2)(b) of the Constitution of India as no enquiry had been held prior to relieving him from service and that no reasons have been recorded by the competent authority to take a view that it was not reasonably practical to hold any such enquiry.;