IN THE HIGH COURT OF PUNJAB AND HARYANA 127 Mukesh Kumar State of Haryana and CORAM: Present:- NIDHI GUPTA J. (Oral) appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing the respondents to permit the petitioner to rejoin and resume his duties as Store Keeper in the office Social Welfare Officer, Nuh, or against any other equivalent post, particularly in view of the protection available to the petitioner under the Haryana Contractual Employees (Security of Service) Act, 2024, and further directing that the pe be treated as terminated merely on account of his arrest in FIR No.04 dated 26.02.2026 (Annexure P accordance with law and without affording the petitioner an opportunity of he CWP-28288-2026 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.28288 of 2026 Date of decision : Mukesh Kumar Versus State of Haryana and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Najim Khilluka, Advocate for the petitioner. Ms. Tanushree Gupta, Addl. A.G., Haryana. NIDHI GUPTA J. (Oral) Prayer in the present writ petition is for issuance of an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing the respondents to permit the petitioner to rejoin and resume his duties as Store Keeper in the office Social Welfare Officer, Nuh, or against any other equivalent post, particularly in view of the protection available to the petitioner under the Haryana Contractual Employees (Security of Service) Act, 2024, and further directing that the petitioner’s deployment/service shall not be treated as terminated merely on account of his arrest in FIR No.04 dated 26.02.2026 (Annexure P-3), without passing any formal order in accordance with law and without affording the petitioner an opportunity of hearing; and further for issuance of an appropriate writ, 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 28288 of 2026 (O & M) Date of decision :-03.09.2026 …..Petitioner …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Najim Khilluka, Advocate hree Gupta, Addl. A.G., Haryana. Prayer in the present writ petition is for issuance of an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing the respondents to permit the petitioner to rejoin and resume his duties as Store Keeper in the office of the District Social Welfare Officer, Nuh, or against any other equivalent post, particularly in view of the protection available to the petitioner under the Haryana Contractual Employees (Security of Service) Act, 2024, titioner’s deployment/service shall not be treated as terminated merely on account of his arrest in FIR No.04 3), without passing any formal order in accordance with law and without affording the petitioner an aring; and further for issuance of an appropriate writ, VIJAY ASIJA 2026.09.03 19.22 I attest to the accuracy and integrity of this document order or direction directing the respondents to consider and decide the pending representation dated 20.08.2026 (Annexure P by the petitioner, by passing a reasoned and speaking order, wi stipulated period the petitioner was initially deployed with the respondent on 01.05.2012 and has since rendered more than a decade of continuous service, discharging his respondents. Subsequently, FIR No.04 dated 26.02.2026 (Annexure P-3) came to be registered against the petitioner under Sections 7 and 7-A of the Prevention of Corruption Act, 1988, at Police Station ACB Gurugram, District Haryana. The petitioner was arrested in the said case and was thereafter granted regular bail by this Court vide order dated 16.07.2026 (Annexure P “Mukesh v. State of Harya on bail, the petitioner approached the respondent resumption of his duties; however, he was not permitted to join. Consequently, the petitioner submitted a representation dated 20.08.2026 ( is stated to be pending consideration. petitioner would be satisfied, at this stage, if a direction is issued to CWP-28288-2026 (O & M) order or direction directing the respondents to consider and decide the pending representation dated 20.08.2026 (Annexure P by the petitioner, by passing a reasoned and speaking order, wi stipulated period. Learned counsel for the petitioner, the petitioner was initially deployed with the respondent on 01.05.2012 and has since rendered more than a decade of continuous service, discharging his duties to the satisfaction of the respondents. Subsequently, FIR No.04 dated 26.02.2026 (Annexure 3) came to be registered against the petitioner under Sections 7 and A of the Prevention of Corruption Act, 1988, at Police Station ACB Gurugram, District State Vigilance and Anti Haryana. The petitioner was arrested in the said case and was thereafter granted regular bail by this Court vide order dated 16.07.2026 (Annexure P-4) passed in CRM “Mukesh v. State of Haryana”. Learned counsel further submits that, upon being released on bail, the petitioner approached the respondent resumption of his duties; however, he was not permitted to join. Consequently, the petitioner submitted a representation dated 20.08.2026 (Annexure P-7) seeking redressal of his grievance, which is stated to be pending consideration. Learned counsel for the petitioner submits that the petitioner would be satisfied, at this stage, if a direction is issued to 2 order or direction directing the respondents to consider and decide the pending representation dated 20.08.2026 (Annexure P-7) submitted by the petitioner, by passing a reasoned and speaking order, within a Learned counsel for the petitioner, inter alia, submits that the petitioner was initially deployed with the respondent-Department on 01.05.2012 and has since rendered more than a decade of duties to the satisfaction of the respondents. Subsequently, FIR No.04 dated 26.02.2026 (Annexure 3) came to be registered against the petitioner under Sections 7 and A of the Prevention of Corruption Act, 1988, at Police Station ACB State Vigilance and Anti-Corruption Bureau, Haryana. The petitioner was arrested in the said case and was thereafter granted regular bail by this Court vide order dated 4) passed in CRM-M-24338-2026, titled Learned counsel further submits that, upon being released on bail, the petitioner approached the respondent-Department for resumption of his duties; however, he was not permitted to join. Consequently, the petitioner submitted a representation dated 7) seeking redressal of his grievance, which earned counsel for the petitioner submits that the petitioner would be satisfied, at this stage, if a direction is issued to VIJAY ASIJA 2026.09.03 19.22 I attest to the accuracy and integrity of this document respondent No.3 to co dated 20.8.2026 (Annexure P on behalf of respondent case the aforesaid limited prayer of is accepted. claim raised by the petitioner, and in view of the limited relief sought, the present writ petition is disposed of with a direction to respondent No.3 to consider and decide the (Annexure P accordance with law, within a period of receipt of a certified copy of this order. opinion on the entitlement of the petitioner to the claimed benefit, and the competent authority shall take an independent decision in accordance with the applicable rules and regulations. September 0 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CWP-28288-2026 (O & M) respondent No.3 to consider and decide the aforesaid representation dated 20.8.2026 (Annexure P-7). Notice of motion. Mr. Harish Kumar Nain, DAG, Haryana on behalf of respondent-State and submits that he has no objection in case the aforesaid limited prayer of learned counsel for the petitioner is accepted. Heard. Without expressing any opinion on the merits of the claim raised by the petitioner, and in view of the limited relief sought, the present writ petition is disposed of with a direction to respondent to consider and decide the representation dated 20.8.2026 (Annexure P-7) by passing a speaking and reasoned order, in accordance with law, within a period of receipt of a certified copy of this order. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner to the claimed benefit, and the competent authority shall take an independent decision in accordance with the applicable rules and regulations. Pending application(s), if any, September 03, 2026 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 3 nsider and decide the aforesaid representation Harish Kumar Nain, DAG, Haryana accepts notice submits that he has no objection in learned counsel for the petitioner Without expressing any opinion on the merits of the claim raised by the petitioner, and in view of the limited relief sought, the present writ petition is disposed of with a direction to respondent representation dated 20.8.2026 by passing a speaking and reasoned order, in accordance with law, within a period of six months from the date of this Court has not expressed any opinion on the entitlement of the petitioner to the claimed benefit, and the competent authority shall take an independent decision in accordance with the applicable rules and regulations. Pending application(s), if any, shall stand disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.09.03 19.22 I attest to the accuracy and integrity of this document