High Court Punjab-Haryana High Court

Parduman Kumar vs State Of Haryana & Others on 10 August, 2011

Punjab-Haryana High Court
Parduman Kumar vs State Of Haryana & Others on 10 August, 2011
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH


                         Civil Writ Petition No.14529 of 2011
                         Date of Decision: August 10, 2011

Parduman Kumar
                                                         ...Petitioner

                                 Versus

State of Haryana & others
                                                         ...Respondents



CORAM: HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?


Present:     Mr.Parminder Singh, Advocate,
             for the petitioner.

                         *****

RANJIT SINGH, J.

The petitioner was appointed as Steno on 1.3.1977 and
was promoted as Assistant in the year 2002. He was promoted as
Excise Inspector on 11.1.2007. As per the condition of service, the
petitioner was required to pass a departmental examination. The
condition of granting exemption from appearing in the departmental
examination has been done away. The petitioner could not qualify in
the departmental examination and accordingly has been reverted.

Counsel for the petitioner submits that petitioner had filed
a representation for availing mercy chance to appear in the
examination of left over subject on 3.8.2010. That representation is
still pending and during that period, he was served a show cause
notice on 4.8.2011 and has now been reverted vide order dated
30.6.2011.

Counsel says that the petitioner had sought opportunity of
personal hearing, which, he could not avail because of being in the
hospital. The petitioner accordingly has filed this writ petition.

Civil Writ Petition No.14529 of 2011 :2:

Once the petitioner has not complied with the condition of
service, the reversion order will not suffer from any arbitrariness or
illegality. To grant or not grant mercy chance would be a discretion
of the respondents. The court will hardly have any jurisdiction to
interfere in such like matters.

No merit in the writ petition. The same is accordingly
dismissed.

August 10, 2011                                ( RANJIT SINGH )
ramesh                                              JUDGE