CWP-34177 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 229 Mohd. Wakeel State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. Constitution of India is for quashing the passed by respondent No. 4, dismissing the petitioner from service on the ground of registration and penden (Annexure P Station Sadar Nuh, District Nuh and also quashing the impugned Appellate Orders dated No. 3-App order/judgment (Annexure P directing the respondents to reinstate the petitioner as Helper (Group-D) and to grant him all consequential benefits appointment dated 28.01.2019 for which the petitioner and also to release the arrears of pay with interest @ 12% per annum from 34177-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Mohd. Wakeel Versus State of Haryana and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. GS Gopera, Advocate for the petitioner. Mr. Suneel Ranga, DAG, Haryana. NIDHI GUPTA, J. (ORAL) Prayer in this petition filed under Articles 226/227 Constitution of India is for issuance of a writ in the nature of quashing the impugned orders dated passed by respondent No. 4, dismissing the petitioner from service on the ground of registration and pendency of FIR No. 748 dated 12.11.2014 (Annexure P-9) registered under Sections 186, Station Sadar Nuh, District Nuh and also quashing the impugned Appellate Orders dated 23.10.2024 (Annexure P pellate Authority, as having been passed after order/judgment dated 09.01.2024 (Annexure P (Annexure P-9); and further a writ of Mandamus directing the respondents to reinstate the petitioner as Helper D) and to grant him all consequential benefits appointment dated 28.01.2019 for which the petitioner and also to release the arrears of pay with interest @ 12% per annum from 4 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-34177-2024 Date of Decision: 16.07.2026 .… Petitioner .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. GS Gopera, Advocate for the petitioner. Mr. Suneel Ranga, DAG, Haryana. filed under Articles 226/227 of the writ in the nature of Certiorari impugned orders dated 21.09.2023 (Annexure P-8) passed by respondent No. 4, dismissing the petitioner from service on the cy of FIR No. 748 dated 12.11.2014 registered under Sections 186, 188 and 389 IPC at Police Station Sadar Nuh, District Nuh and also quashing the impugned 23.10.2024 (Annexure P-14) passed by respondent ellate Authority, as having been passed after passing of dated 09.01.2024 (Annexure P-12) quashing the FIR Mandamus has also been sought directing the respondents to reinstate the petitioner as Helper Mechanical D) and to grant him all consequential benefits from the date of his appointment dated 28.01.2019 for which the petitioner is legally entitled; and also to release the arrears of pay with interest @ 12% per annum from of the 8) passed by respondent No. 4, dismissing the petitioner from service on the cy of FIR No. 748 dated 12.11.2014 188 and 389 IPC at Police Station Sadar Nuh, District Nuh and also quashing the impugned respondent passing of 12) quashing the FIR also been sought from the date of his is legally entitled; and also to release the arrears of pay with interest @ 12% per annum from RISHU KATARIA 2026.07.20 20:02 I attest to the accuracy and authenticity of this order/judgment. CWP-34177 the date of dismissal service. 2. petitioner 29.08.2018 (Annexure P Mechanical/(Group D) 28.01.2019 (Annexure temporary basis due process of selection. However, impugned dismissing the was an FIR No. 748 dated 12.11.2014 (Annexure P 186, 188 and against the petitioner 3. had been granted an P-10) by the learned Additional Sessions Judge, Mewat petitioner had gone to the concerned police st investigation and is going to be cancelled the FIR against the petitioner. had been presented nor the petitioner was charge petitioner presumed that the FIR stood cancelled. 4. that petitioner realized that FIR was still subsis 34177-2024 the date of dismissal till actual realization after his reinstatement in It is, inter alia, submitted by learned counsel for the tioner that in pursuance to Advertisement No. 4/ 29.08.2018 (Annexure P-5), the petitioner was appointed Mechanical/(Group D) Category No. 1, vide 28.01.2019 (Annexure P-7). The petitioner was given appointment temporary basis as he fulfilled the requisite qualification after undergoing due process of selection. However, 04 years and 08 months thereafter, the order dated 21.09.2023 (Annexure P dismissing the petitioner from service, on account of the fact that there FIR No. 748 dated 12.11.2014 (Annexure P 186, 188 and 389 IPC at Police Station Sadar Nuh, District Nuh against the petitioner; and which fact was not disclosed by the petitioner. Learned counsel contends that in the said FIR, the petitioner granted anticipatory bail vide order dated 10) by the learned Additional Sessions Judge, Mewat petitioner had gone to the concerned police st investigation and he was informed by the Police Authorities is going to be cancelled on account of falsity of the allegations made in the FIR against the petitioner. Thereafter, for 08 years neither the challan been presented nor the petitioner was charge petitioner presumed that the FIR stood cancelled. It is submitted that it is only upon passing of impugned order that petitioner realized that FIR was still subsis 4 till actual realization after his reinstatement in submitted by learned counsel for the rsuance to Advertisement No. 4/2018 dated the petitioner was appointed as Helper vide Appointment Letter dated The petitioner was given appointment on fulfilled the requisite qualification after undergoing 04 years and 08 months thereafter, the 21.09.2023 (Annexure P-8) has been passed on account of the fact that there FIR No. 748 dated 12.11.2014 (Annexure P-9) under Sections 389 IPC at Police Station Sadar Nuh, District Nuh registered and which fact was not disclosed by the petitioner. Learned counsel contends that in the said FIR, the petitioner vide order dated 25.05.2015 (Annexure 10) by the learned Additional Sessions Judge, Mewat. Thereafter, the petitioner had gone to the concerned police station to join the he was informed by the Police Authorities that the FIR on account of falsity of the allegations made in for 08 years neither the challan been presented nor the petitioner was charge-sheeted. As such, petitioner presumed that the FIR stood cancelled. bmitted that it is only upon passing of impugned order that petitioner realized that FIR was still subsisting. Accordingly, the till actual realization after his reinstatement in submitted by learned counsel for the 2018 dated as Helper Appointment Letter dated on fulfilled the requisite qualification after undergoing 04 years and 08 months thereafter, the has been passed on account of the fact that there under Sections gistered 25.05.2015 (Annexure . Thereafter, the ation to join the that the FIR on account of falsity of the allegations made in for 08 years neither the challan As such, bmitted that it is only upon passing of impugned order he RISHU KATARIA 2026.07.20 20:02 I attest to the accuracy and authenticity of this order/judgment. CWP-34177 petitioner had approached this Court by way of filing petition bearing No. CRM-M-57221 compromise in which notice of motion was issued vide order dated 14.11.2023. Pursuant thereto, the petitioner had filed Departmental Appeal dated order dated 09.01.2024 (Annexure P for quashing of FIR (Annexure P of this Court notwithstanding the abovesaid fact, the Departmental Appeal (Annexure P-11) filed by the petitioner has also been dismissed by Authority P-14). 5. Helper Mechanical/(Group D) Category No. 1, on regular basis vide Appointment Letter dated 28.01.2019 (Annexure P completed charges in the (Annexure P order dated 09.01.2024 (Annexure P this Court in CRM pendency of FIR could not have 6. although prima facie learned counsel for the petitioner 34177-2024 petitioner had approached this Court by way of filing petition bearing No. 57221-2023 for quashing of FIR (Annexure P compromise in which notice of motion was issued vide order dated 14.11.2023. Pursuant thereto, the petitioner had filed Departmental Appeal dated 23.12.2023 (Annexure P-11) order dated 21.09.2023 (Annexure P-8). In the meantime, 09.01.2024 (Annexure P-12), CRM-M-57221 for quashing of FIR (Annexure P-9) was allowed of this Court; and FIR (Annexure P- notwithstanding the abovesaid fact, the Departmental Appeal (Annexure 11) filed by the petitioner has also been dismissed by vide second impugned order dated It is contended that the petitioner Helper Mechanical/(Group D) Category No. 1, on regular basis vide Appointment Letter dated 28.01.2019 (Annexure P 02 years of probation as on 27.01.2021. It is submitted that charges in the FIR were framed only (Annexure P-15); which ultimately culminated into quashing of FIR vide order dated 09.01.2024 (Annexure P-12) passed by a co this Court in CRM-M-57221-2023. Therefore, pendency of FIR could not have been held against the petitioner. On the other hand, learned counsel for the respondent prima facie is not able to dispute the aforesaid contentions of learned counsel for the petitioner, opposes submissions 4 petitioner had approached this Court by way of filing petition bearing No. 2023 for quashing of FIR (Annexure P-9) on the basis of compromise in which notice of motion was issued vide order dated 14.11.2023. Pursuant thereto, the petitioner had filed Departmental 11) for setting aside the impugned 8). In the meantime, vide order dated 57221-2023 filed by the petitioner ) was allowed by a co-ordinate Bench -9) stood quashed. However, notwithstanding the abovesaid fact, the Departmental Appeal (Annexure 11) filed by the petitioner has also been dismissed by the Appellate vide second impugned order dated 23.10.2024 (Annexure that the petitioner had been appointed as Helper Mechanical/(Group D) Category No. 1, on regular basis vide Appointment Letter dated 28.01.2019 (Annexure P-7) and he had 27.01.2021. It is submitted that FIR were framed only vide order dated 01.06.2022 which ultimately culminated into quashing of FIR vide 12) passed by a co-ordinate Bench of Therefore, it is submitted that mere held against the petitioner. On the other hand, learned counsel for the respondent-State dispute the aforesaid contentions of , opposes submissions of the petitioner petitioner had approached this Court by way of filing petition bearing No. n the basis of compromise in which notice of motion was issued vide order dated 14.11.2023. Pursuant thereto, the petitioner had filed Departmental for setting aside the impugned vide order dated 2023 filed by the petitioner ordinate Bench ever, notwithstanding the abovesaid fact, the Departmental Appeal (Annexure the Appellate 23.10.2024 (Annexure had been appointed as Helper Mechanical/(Group D) Category No. 1, on regular basis vide and he had 27.01.2021. It is submitted that which ultimately culminated into quashing of FIR vide ordinate Bench of mere State dispute the aforesaid contentions of of the petitioner RISHU KATARIA 2026.07.20 20:02 I attest to the accuracy and authenticity of this order/judgment. CWP-34177 and submits that petitioner had concealed pendency application and appointment. 7. the petitioner would be satisfied if treat the present writ petition as a representation on behalf of the petitioner and reconsider decide the same by passing a Speaking Order 8. ‘no objection the petitioner 9. case, the impugned orders dated 21.09.2023 (Annexure P respondent No. 4 and dated 23.10.2024 (Annexure P respondent No. 3 the present petition is treat the present writ petition as petitioner; and decide the same by passing a speaking and reasoned order, in accordance with law, within a period of receipt of a certified copy of this order 10. 16.07.2026 rishu 34177-2024 and submits that petitioner had concealed pendency application and appointment. At this stage, learned counsel for the petitioner submits that petitioner would be satisfied if a directio treat the present writ petition as a representation on behalf of the petitioner consider the entire matter in the light of the aforementioned facts and same by passing a Speaking Order Learned counsel for the respondent no objection’ in case the afore-said prayer made by learned counsel for the petitioners at this stage, is accepted. Keeping in mind the aforesaid facts and circumstances of the the impugned orders dated 21.09.2023 (Annexure P respondent No. 4 and dated 23.10.2024 (Annexure P respondent No. 3-Apellate Authority are hereby set aside the present petition is disposed of, with a direction treat the present writ petition as a representat ; and decide the same by passing a speaking and reasoned order, in accordance with law, within a period of receipt of a certified copy of this order Pending application(s), if any, shall also stand disposed of. 2026 Whether speaking/reasoned Whether Reportable and submits that petitioner had concealed pendency of FIR at the time of At this stage, learned counsel for the petitioner submits that direction be issued to the respondents to treat the present writ petition as a representation on behalf of the petitioner the entire matter in the light of the aforementioned facts and same by passing a Speaking Order in a time bound manner. Learned counsel for the respondent-State submits that he has prayer made by learned counsel for Keeping in mind the aforesaid facts and circumstances of the the impugned orders dated 21.09.2023 (Annexure P-8) passed by respondent No. 4 and dated 23.10.2024 (Annexure P-14) passed by are hereby set aside. Accordingly, with a direction to the respondents to representation on behalf of the ; and decide the same by passing a speaking and reasoned order, in accordance with law, within a period of 06 months from the date of Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No of FIR at the time of At this stage, learned counsel for the petitioner submits that respondents to treat the present writ petition as a representation on behalf of the petitioner the entire matter in the light of the aforementioned facts and submits that he has prayer made by learned counsel for Keeping in mind the aforesaid facts and circumstances of the 8) passed by 14) passed by to ion on behalf of the ; and decide the same by passing a speaking and reasoned order, from the date of RISHU KATARIA 2026.07.20 20:02 I attest to the accuracy and authenticity of this order/judgment.