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High Court of Punjab and Haryana · body

2023 DAILYLAW 6012 (PNJ)

VASIM v. STATE OF HARYANA AND OTHERS

CWP/5546/2023 · 2026-07-17

Nidhi Gupta

body2023

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 228 CWP-5546-2023(O&M) Date of Decision:- 17.07.2026 Vasim … PeƟƟoner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Nafeesh Ahmed, Advocate for the peƟƟoner. Mr. Suneel Ranga, DAG, Haryana. ***** NIDHI GUPTA, J . Present Civil Writ PeƟƟon under ArƟcles 226 of the ConsƟtuƟon of India has been filed by the peƟƟoner for issuance of a writ in the nature of cerƟorari quashing the impugned order dated 09.09.2022 (Annexure P-2; and a writ of mandamus direcƟng the official respondents to reinstate the peƟƟoner with all consequenƟal benefits, including release of due salary w.e.f. 01.05.2021. 2. It is inter alia submiƩed by learned counsel for the peƟƟoner that peƟƟoner had joined the post of Pump Operator with the respondent No.9/ Gram Panchayat, Village Sultanpur, in the year 2009. Since then, peƟƟoner has been working conƟnuously as pump operator under the Public Health Engineering Department honestly and sincerely, without any complaint. The grievance of the peƟƟoner is that salary has been paid to the peƟƟoner only up NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 2 - to the month of April 2021. AŌer April 2021 Ɵll date, the salary is not being paid to the peƟƟoner without any reason. PeƟƟoner had made several representaƟons before the concerned officials of the respondent Department, but to no avail. 3. PeƟƟoner had also filed CWP-16023-2022 staƟng that salary is due to the peƟƟoner from 1.5.2021. The said CWP was disposed of by this Court vide order dated 26.07.2022 (Annexure P-1) with the direcƟon to the respondents to look into the representaƟon dated 07.06.2022 filed by the peƟƟoner in this regard, and pass an administraƟve order in accordance with law. 4. It is submiƩed that thereaŌer, the respondent No.4/Block Development and Panchayat Officer, Block Nagina, District Nuh, Mewat, has passed the impugned order dated 09.09.2022 (Annexure P-2), whereby genuine claim of the peƟƟoner has been rejected on flimsy grounds. 5. Learned counsel contends that the impugned speaking order is based on wrong facts and false averments. It is submiƩed that it is wrongly stated in the impugned order that services of the peƟƟoner had been terminated by the Gram Panchayat vide ResoluƟon No.2 dated 01.07.2016 (appended as Annexure R-2 along with the affidavit dated 26th April 2024 filed by Shri Arjun Singh Manral, BDPO, Nagina / respondent No. 1 in compliance of order dated 17.03.2023 passed by this Court). Whereas the correct fact is that the peƟƟoner is conƟnuously working as Pump Operator since 2009. In fact, in their own communicaƟon between the respondent No.4 and respondent No.6 vide leƩer dated 09.09.2021 (Annexure P-3), respondent No.6 has called for report from the respondent No.4 for list of exisƟng Pump Operators who were NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 3 - working at that Ɵme, and name of the peƟƟoner is clearly menƟoned at serial No. 11. 6. It is pointed out that it is also menƟoned in the impugned order that peƟƟoner did not submit any document for verificaƟon despite being asked several Ɵmes. Ld. Counsel submits that verificaƟon of the peƟƟoner has already been done by the Gram Sachiv. Panchayat-wise Tubewell Operator detailed report was verified by the Gram Sachiv vide verificaƟon report dated 15.12.2022 (Annexure P-4), wherein name of peƟƟoner is menƟoned at serial No. 73. 7. It is pointed out that even vide leƩer dated 15.02.2022 (Annexure P-5), the respondent No.6 had issued a leƩer to respondent No.7 for disbursement of pending salary to part-Ɵme operators; and in that list, name of peƟƟoner is at serial No.95. It is accordingly prayed that the impugned order dated 09.09.2022 (Annexure P-2) be set aside and a writ of mandamus be issued direcƟng the respondents to reinstate the peƟƟoner and grant all consequenƟal benefits aŌer seƫng aside the impugned order; and further direcƟng the official respondents to immediately release salary due to the peƟƟoner from 01.05.2021 Ɵll date. 8. Per contra, ld. State counsel has vehemently opposed submissions advanced on behalf of the peƟƟoner and submits that services of the peƟƟoner already stood terminated by the concerned Gram Panchayat, Village Sultanpur, vide ResoluƟon dated 01.07.2016 (Annexure R-2). In fact, certain other persons have been appointed thereaŌer. As such, no salary is due to the peƟƟoner. In fact, recovery has to be affected from the peƟƟoner for the amounts wrongly NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 4 - and inadvertently paid to him even aŌer his terminaƟon. It is further submiƩed that the peƟƟoner has withheld relevant facts from this Court. Accordingly, the present writ peƟƟon deserves to be dismissed. 9. No other argument is made on behalf of learned counsel for the parƟes. I have heard ld. counsel and perused the case file and record in detail. I find no merit in the submissions advanced on behalf of the peƟƟoners. 10. Learned counsel for the peƟƟoner has filed the present writ peƟƟon seeking the following relief:- “i).A writ in the nature of cerƟorari for quashing the impugned speaking order dated 09.09.2022 (Annexure P-2) has wrongly, arbitrary and illegally passed by the respondent No.4 which is totally unreasonable, unsustainable and against the principle of natural jusƟce. ii). Further issuance of a writ in the nature of mandamus direcƟng the official respondents to re-instate the peƟƟoner and to grant all consequenƟal benefits aŌer seƫng aside the impugned speaking order and further direcƟng the official respondents to immediately release due salary of the peƟƟoner form 01.05.2021 to Ɵll date in the interest of jusƟce. iii) It is further praying of a direcƟon to the respondent no.2 to take strict acƟon against the respondent no.8 Panchayat Secretary, who had demanded bribe from the PeƟƟoner and on account of non-payment of same deliberately delayed payment of salary in favour of peƟƟoner.” 11. The respondents no.1 to 8 have filed a detailed wriƩen statement dated 13.4.2026 to the present peƟƟon, wherein the appointment of the peƟƟoner as Pump Operator with the respondent No.9/ Gram Panchayat, Village Sultanpur, in the year 2009, is not denied. However, subsequent events in chronological sequence have been pointed out as under: - NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 5 - 20.06.2016: The work and conduct of the peƟƟoner and his performance as Gramin Tubewell Operator was not saƟsfactory. Complaints of troubling women in the village were also made against the peƟƟoner. Accordingly, on the basis of the complaints of the villagers, the Gram Sabha of village Sultanpur Nuh had passed the resoluƟon no. 02 dated 20.06.2016 regarding non-performance of his duƟes properly, as well as unsaƟsfactory work and conduct of peƟƟoner; thereby, on 20.06.2016, the Gram Sabha resolved removal of the peƟƟoner. 01.07.2016: In pursuance of such resoluƟon passed by the Gram Sabha, the Gram Panchayat removed the peƟƟoner from the post of Gramin Tubewell Operator vide resoluƟon no. 2 dated 01.07.2016 (Annexure R-2). The payment of honorarium/wages had already been made to the peƟƟoner for the period he had worked i.e. up to the date of his removal. AŌer the removal of the peƟƟoner Sh. Kasam was appointed as Gramin Tubewell Operator. 01.09.2018: Sh. Kasam worked as tubewell operator from 2016 Ɵll 2018. However, was removed from the post of Gramin Tubewell Operator due to his bad health and unavoidable family circumstances by the Gram Panchayat vide resoluƟon no. 02 dated 01.09.2018. The payment of honorarium / wages had been made to Sh. Kasam for the period he had worked up to the date of his removal. ThereaŌer, Mohd. Aasif was appointed as Gramin Tubewell Operator, and he is sƟll working as such. The fact that payment of honorarium/wages is being made to Asif since 1.9.2018, is evident from the bank account statement of the respondent-Gram Panchayat Sultanpur Annexure R-5. The fact that services of the peƟƟoner had been terminated is also evident from the NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 6 - Ɵmetable of the tubewell aƩendants fixed by the respondents vide leƩer dated 12.9.2019 (Annexure R-4), where name of peƟƟoner is not menƟoned. 23.02.2021: The term of the PanchayaƟ Raj InsƟtuƟons expired on 23.02.2021 and the charge was handed over to the administrator concerned. 30.03.2021: A video conference was conducted by the Director General, Development and Panchayat Department Haryana and therein direcƟons were issued to verify the tubewell as per the list provided by the Public Health Gramin Tubewell OrganizaƟon, through Gram Sachivs. 01.04.2021: In compliance of the above direcƟons, the then Block Development and Panchayat Officer Nagina, vide leƩer No. 04 dated 01.04.2021 directed all the Gram Sachivs to verify such list provided by the Public Health Gramin Tubewell OrganizaƟon. All the Gramin Tubewell Operators were requested to submit copy of the Aadhar Card, PAN Card, Bank account details alongwith an affidavit in support of their claim of honorarium/wages. 1.6.2021: The Director General, Development and Panchayat Department Haryana, vide instrucƟons dated 01.06.2021, directed all the District Development and Panchayat Officers and Block Development and Panchayat Officers posted in the Haryana State to do the verificaƟon of the Gramin Tubewell Operators, again. Thereby, it was directed not to verify the Gramin Tubewell Operators on the portal meant for them, who have been deployed by Public Health Engineering Department aŌer 23.07.2019 because such Gramin Tubewell Operators have been shiŌed by the Government to the Panchayat Department from Public Health Engineering Department on 23.07.2019. NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 7 - 15.07.2021: The peƟƟoner submiƩed false affidavit dated 15.07.2021 along with desired documents. On the basis of the said false affidavit and documents, the then Gram Sachiv wrongly verified the name of the peƟƟoner. 05.08.2021: On the basis of the verificaƟon by the Gram Sachiv, the honorarium/ wages w.e.f. 01.04.2020 to 30.04.2021 amounƟng to Rs.1,44,000/- was disbursed wrongly inadvertently to the peƟƟoner by the then Block Development and Panchayat Officer/BDPO Nagina. 24.08.2021: The instrucƟons dated 01.06.2021, were withdrawn by the Director General, Development and Panchayat Department Haryana. Vide Clause 3 of the InstrucƟons dated 24.08.2021, it was directed as under: - "3. BDPO to establish the credenƟals of the Tubewell Operators by verifying the Pariwar Pehchan Patra (PPP) as valid idenƟty proof of the Tubewell Operator, resoluƟon of Gram Panchayat, Bank Passbook of Tubewell Operator in which wages were credited for at least last 6 months before the dissoluƟon of the Gram Panchayat concerned, Name of Tubewell Operator menƟoned in the Bank pass Book should match with the idenƟty proof submiƩed by the Tubewell Operator". 06.09.2021: In compliance of the above direcƟons, the Block Development and Panchayat Officer Nagina, vide leƩer no.719 dated 06.09.2021, requested the ExecuƟve Engineer, Public Health Department, Punhana to provide the list of the names of the Tubewell Operators deployed in the 44 Gram Panchayats of Block Nagina by their department. 09.09.2021: In conƟnuance of the above, the Sub Divisional Engineer, Sub Division No. 1, Public Health Department, Nuh forwarded the list of the NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 8 - Tubewell Operators deployed in Gram Panchayat of Block Nagina by their department. Wherein, at serial no.11, name of the peƟƟoner was menƟoned. 10.05.2022: ThereaŌer, peƟƟoner lodged a complaint dated 10.05.2022 on C.M. window portal requesƟng the payment of unpaid due honorarium/ wages w.e.f. 01.05.2021 to 30.11.2021; wherein the peƟƟoner claimed that he is working in Public Health Department, since 2009, as Gramin Tubewell Operator. 07.06.2022: Another complaint dated 07.06.2022 was submiƩed by the peƟƟoner addressed to the Deputy Commissioner Nuh. Therein also, the peƟƟoner claimed that he is working in Public Health Department, since 2009, as Gramin Tubewell Operator and requested for payment of unpaid due honorarium/ wages w.e.f. 01.05.2021 to 30.11.2021. 25.07.2022: Then peƟƟoner filed CWP No. 16023 of 2022 Ɵtled as ‘Vasim versus State of Haryana’ before this Court for issuance of direcƟons to release his honorarium /wages w.e.f. 01.05.2021 to Ɵll date. The same was disposed of by this Court VOD 26.07.2022 with the direcƟon to look into the representaƟon dated 07.06.2022 of the peƟƟoner and pass an administraƟve order. 25.08.2022: The then Block Development and Panchayat Officer Nagina called the Ex-Sarpanch, present peƟƟoner and concerned Gram Sachiv to find out the status regarding claim of the peƟƟoner. The peƟƟoner reiterated the version menƟoned in his complaints and the Ex-Sarpanch stated in her statement that Sh. Vasim/ peƟƟoner was removed by the Gram Panchayat vide resoluƟon dated 01.07.2016 during her tenure on account of misconduct with the women of the village and negligence toward his duƟes. NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 9 - 28.8.2022: Vide leƩer no.2892 dated 28.08.2022, the peƟƟoner was called for personal hearing on 30.08.2022 along with the evidence in conƟnuance of the above complaints submiƩed by him and orders dated 26.07.2022 passed by this Court by the then Block Development and Panchayat Officer Nagina. But the peƟƟoner neither submiƩed any cogent evidenƟal document nor appeared for personal hearing on 30.08.2022 before the then BDPO Nagina. 01.09.2022: Again, vide leƩer no.2929 dated 01.09.2022, the then BDPO Nagina called the peƟƟoner for personal hearing on 08.09.2022 and submission of cogent evidenƟal document in support of his claim. The peƟƟoner was not found available at home while the special messenger reached at his home and his father refused to receive the noƟce dated 01.09.2022. 06.09.2022: It is important to note that in conƟnuance of the above complaints submiƩed by the peƟƟoner and order dated 26.07.2022 passed by this Court, the Block Development and Panchayat Officer Nagina had also consƟtuted a Joint CommiƩee, consisƟng of the Social EducaƟon and Panchayat Officer Nagina, Gram Sachiv, and Accounts Clerk to look into the claim and grievance of the peƟƟoner. The CommiƩee submiƩed the report on 06.09.2022 staƟng therein in conclusion that aŌer his removal in the year 2016 by the Gram Panchayat, the peƟƟoner was never appointed again as Gramin Tubewell Operator, and the honorarium /wages w.e.f. 01.04.2020 to 30.04.2021 has been disbursed to him wrongly. The commiƩee also recommended legal acƟon against the peƟƟoner for submiƫng a false affidavit. The CommiƩee found that the contents of the complaint submiƩed by the peƟƟoner are false and against NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 10 - the real facts and record as he never remained posted as Gramin Tubewell Operator aŌer July 2016. 09.09.2022: In view of the above facts, in compliance of the orders passed by this Court, the representaƟon dated 07.06.2022 of the peƟƟoner was looked into in detail and the same was disposed of by the then Block Development & Panchayat Officer Nagina by way of passing impugned administraƟve order dated 09.09.2022, thereby, rejecƟng the claim of the peƟƟoner was found to be factually untenable. 16.11 .2022 : In the meanƟme, on 16.11.2022 peƟƟoner had filed COCP No. 2518 of 2022 Vasim vs. Ajay Kumar IAS and others before this Court; 22.02.2023: COCP 2518 of 2022 was disposed of vide order dated 22.02.2023 because detailed speaking order dated 9.9.2022 had already been passed, and the order dated 26.07.2022 passed this Court in CWP No. 16023 of 2022 had already been complied with. 16.03.2023: Hence, present peƟƟon, whereby the order dated 09.09.2022 has been challenged. 12. From the above enumeraƟon of facts, it is clear that the respondents had consƟtuted a Joint CommiƩee comprising of Senior district officials; who had looked into the grievance of the peƟƟoner of non-payment of wages for the period 01.05.2021 to 30.11.2021; and it was found that nothing was due to the peƟƟoner as his services had been terminated by the concerned Gram Panchayat vide ResoluƟon no.2 dated 1.7.2016 (R-2), as a result of which NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 11 - peƟƟoner was no longer in employment of the respondents. Rather, it was found that peƟƟoner had been wrongly paid honorarium/wages for the period 1.4.2020 Ɵll 30.4.2021. 13. Furthermore, despite the fact that respondents had already conducted an enquiry into the maƩer, another enquiry was iniƟated, details of which find menƟon in the detailed wriƩen statement dated 13.4.2026, as under: “8. That accordingly, vide leƩer no 2415-2419/ Panchayat dated 01.09.2025, the Deputy Commissioner, Nuh consƟtuted a commiƩee, under the Chairmanship of Chief ExecuƟve Officer Zila Parishad Nuh, consisƟng therein, District Development and Panchayat Officer Nuh, Block Development and Panchayat Officer Nagina, Sub divisional Engineer Public Health Department Nuh, Sarpanch Gram Panchayat Sultanpur Nuh for conducƟng detail enquiry in the maƩer. The commiƩee, aŌer providing the adequate opportunity of hearing to the concerned, submiƩed the joint Enquiry report vide leƩer Endst. no.2158-64 dated 17.11.2025. (The true translated copy of the joint enquiry report dated 17.11.2025 submiƩed by such commiƩee is aƩached herewith as Annexure R-1) 9. That the enquiry commiƩee has concluded in the enquiry report that the Annexures P-3 and P-7 to P-9 are completely false and hence rejected. Sh. Vasim son of Mahmuda, the present peƟƟoner was removed from the post of Gramin Tubewell Operator vide resoluƟon no. 2 dated 01.07.2016 passed by the then Gram Panchayat and his claim of conƟnuing to work as Gramin Tubewell Operator in the Gram Panchayat Sultanpur is rejected being found completely baseless.Sh. Sahun, Junior Engineer of Public Health Department, has performed duƟes completely in negligent manner by issuing a wrong cerƟficate to Mr. Vasim as well as, Sh. Bilal Ahmed, the then concerned Gram Sachiv has also performed his duƟes completely in negligent manner for verifying his name on the portal NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 12 - on the basis of the said cerƟficates and affidavit of the peƟƟoner. The CommiƩee has recommended disciplinary acƟon against Sh. Sahun, Junior Engineer of the Public Health Department, Nuh and Sh. Bilal Ahmed, the then concerned Gram Sachiv of Gram Panchayat Nuh along with updaƟng the name of Sh. Aasif s/o Bhurekhan on the portal w.e.f. 01.09.2018 and to remove the name of Sh.Vasim. Further, it is recommended by the commiƩee that the honorarium /wages should be released to Sh. Aasif from the date of his appointment and the amount of Rs. 144000/- paid to Sh. Vasim son of Mahmuda, should be recovered as per rules by taking appropriate acƟon. 10. That on receipt report, the Deputy Commissioner Nuh, vide leƩer no. 481/Panchayat dated 04.02.2026 called the present peƟƟoner and Sarpanch Gram Panchayat Sultanpur Nuhfor personal hearing on 09.02.2026. Both of them appeared for personal hearing on 09.02.2026. The peƟƟoner reiterated the version described in the complaint and in the peƟƟon. On the other hand, the Sarpanch Gram Panchayat Sultanpur Nuh submiƩed that the peƟƟoner was removed from the post of Gramin Tubewell Operator by the Gram Panchayat in the year 2016 on the basis of nonperformance of his duty properly and misconduct with the women of the village. 11. That again, the Deputy Commissioner Nuh, vide leƩer no. 737- 771/Panchayat dated 05.03.2026 called the commiƩee members i.e. Chief ExecuƟve Officer Zila Parishad Nuh, District Development and Panchayat Officer Nuh, Block Development and Panchayat Officer Nagina, Sub divisional Engineer Public Health Department Nuh, Sarpanch Gram Panchayat Sultanpur Nuh, for personal hearing on 10.03.2026 at 11:00 AM. The commiƩee members except Chief ExecuƟve Officer Zila Parishad Nuh, appeared for hearing on 10.03.2026 at 11:00 AM before the Deputy Commissioner Nuh and reiterated the contents describe in the enquiry report dated 17.11.2025. Further again, vide leƩer no. 847-53/ Panchayat NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 13 - dated 10.03.2026, the Deputy Commissioner Nuh, called Sh. Bilal Ahmed Gram Sachiv, Sh. Sahun JE, Public Health Department, Sh. Vasim, Sh. Aasif, Lambardar, Chokidar and all the Panches of Gram Panchayat Sultanpur Nuh for personal hearing on that very date i.e on 10.03.2026 at 3:30 PM. In conƟnuance thereof Sh. Bilal Ahmed Gram Sachiv, Sh. Sahun JE, Public Health Department, Sh. Jabar Panch, Ajaj Panch, Sakir Hussain Ex. Panch, Rajender Chokidar, Mohd. Aasif Gramin Tubewell Operatorand other Villagers namely Ahmed Basir, Sokat Ali, Jameel, Mustakeem, Janu, Liyakat Ali, Smt.Samshida Ex. Sarpanch etc. were appeared before the Deputy Commissioner Nuh for personal hearing on 10.03.2026 at 3:30 PM and got recorded their statements. XXX XXX XXX 17. That the present peƟƟoner kept mum aŌer his removal in the year 2016 Ɵll 2021. ThereaŌer only, the present peƟƟoner claimed his salary and conƟnuity as Gramin Tubewell Operator since he was appointed. Whereas, the present peƟƟoner was well aware about the appointment of Sh. Kasam and that of Sh. Aasif in the year 2016 and 2018, respecƟvely. The Honorarium / wages was also disbursed to them i.e. tơ Sh. Kasam and Aasif aŌer removal of the peƟƟoner. The present peƟƟoner has submiƩed false affidavit dated 15.07.2021 and a list of Gramin Tubewell Operators managing from the Public Health Department by way concealing true material facts. Thereby, he has not only misled the officials but also succeeded to get disbursed the Honorarium wages amounƟng to Rs.1,44,000/- on 05.08.2021, without any legal right, as well as, without performing any duty as Gramin Tubewell Operator. Hence, the present peƟƟon deserves to be dismissed on this ground alone.” 14. At the risk of repeƟƟon, it is pointed out that prior to passing of the resoluƟon dated 01.07.2016 by the Gram Panchayat, the Gram Sabha had already passed resoluƟon dated 20.06.2016 for the removal of the peƟƟoner NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 14 - from the post of Gramin Tubewell Operator. ThereaŌer, services of Shri Kasam were engaged, who worked from 2016 to 2018, to whom salary has been paid for the said period. ThereaŌer, Mohd. Aasif was appointed as Gramin Tubewell Operator, and he is sƟll working as such. 15. It is to be noted that the fact that payment of honorarium/wages was made to Asif since 1.9.2018, is evident from the bank account statement of the respondent-Gram Panchayat Sultanpur Annexure R-5. The fact that services of the peƟƟoner had been terminated is also evident from the Ɵmetable of the tubewell aƩendants fixed by the respondents vide leƩer dated 12.9.2019 (Annexure R-4), where name of peƟƟoner is not menƟoned. All these facts find menƟon in the Affidavit dated 26.4.2024 filed by the respondent no.4/BDPO Nagina. No replicaƟon has been filed by the peƟƟoner controverƟng the above facts. 16. Further, despite repeated Court query, peƟƟoner has not been able to show that if his services were not dispensed in 2016, then he should have been geƫng salary from 2016 Ɵll 30.4.2021. However, no evidence has been produced by the peƟƟoner to show that he was receiving salary from 2016 Ɵll 2021. 17. It may also be pointed out that peƟƟoner has not disclosed any of the above facts in the present peƟƟon. Thus, peƟƟoner has withheld material informaƟon. Even no replicaƟon has been filed by the peƟƟoner to the above- said wriƩen statements to controvert the incriminaƟng averments made by the respondents. NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 15 - 18. It has further been categorically stated on affidavit by the respondents that thereaŌer, statem ents of Sarpanch, ex-Sarpanch, Chowkidar, and other villagers were recorded, all of whom unanimously stated that the peƟƟoner had worked as tubewell operator from 2010 to 2016, and he was removed from his post in the year 2016. 19. Further, Sh. Surinder Singh Sub Divisional Engineer, Public Health Department Nuh stated that he was not posted in Nuh when the leƩers were issued by his department. Sh. Bilal Ahmed the then Gram Sachiv of Gram Panchayat Sultanpur Nuh submiƩed in his statement that due to non availability of the record of Gram Panchayat, relying upon the list of Tubewell Operator issued by the Public Health Department along with affidavit submiƩed by Sh. Vasim, the relevant record was submiƩed by him in the block office. Sh. Sahun, JE Public Health Department Nuh stated that prior to the year 2020 the Gramin Tubewell Operators were working under the control of Gram Panchayat and their salary was disbursed by the Public Health department. The updaƟng of the names on the portal was to be done by the Panchayat department on the basis of instrucƟons issued on 20.08.2021. The peƟƟoner had visited him on 06.02.2022 aŌer verificaƟon on the portal by the Gram Sachiv and during such period he was appointed in the Gram Panchayat. Pursuant to the above, vide order dated 11.03.2016 (Annexure R-2) Disciplinary proceedings have been iniƟated against Shri Sahun, concerned Junior Engineer; and the then SDO Public Health; and against the then Gram Sachiv, Sh. Bilal Ahmed; and recovery proceedings of ₹1,44,000/- against the peƟƟoner. NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-5546-2023 (O&M) - 16 - 20. From the above facts, it is clear that in pursuance to the order dated 26.07.2022 passed by this Court in previous CWP-16023-2022 (Annexure P-1), the respondents have enquired into the maƩer in sufficient detail by consƟtuƟng 2 Inquiry CommiƩees to look into the grievance of the peƟƟoner that no salary had been disbursed to him aŌer April 2021. The record reveals that the said commiƩee has given a comprehensive Inquiry Report dated 17.11.2025 (Annexure R-1), by which the peƟƟoner stands indicted. 21. Keeping in view the aforesaid undisputed factual posiƟon, the present writ peƟƟon stands dismissed. 22. Pending applicaƟon(s), if any, also stands disposed of. ( NIDHI GUPTA ) 17.07.2026 JUDGE Neelam Whether speaking /reasoned Yes / No Whether Reportable Yes / No NEELAM KUMARI 2026.07.21 17:46 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh