CWP-19648-202 IN THE HIGH COURT OF PUNJAB AND HARYANA 230 SURENDER AND ANOTHER STATE OF HARYANA CORAM: HON'BLE MR Present: Mr. Kuldeep Sheoran Mr. Jasbir Mor for the petitioner Mr. Aakash Singla, Additional Advocate General, Haryana. TRIBHUVAN DAHIYA The petition has been filed, quashing the order who were working as have been relieved and there being no workload 2. Learned counsel for the petitioners has relied upon instructions dated 05.02.2020, Annexure P Rewari, to all Block Education Officers and Elementary Education Officers, that in case computers have been stolen from a laboratory, Computer Teachers and Lab Attendant other schools. Th posts being vacant in other schools as apparent from Annexures P dated 28.01.2020. It is further contended that as per his instructions even now 2020 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Decided On: ER AND ANOTHER Versus STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Kuldeep Sheoran, Advocate for Mr. Jasbir Mor, Advocate for the petitioners. Mr. Aakash Singla, Additional Advocate General, Haryana. TRIBHUVAN DAHIYA J.(Oral) The petition has been filed, inter alia quashing the orders dated 28.01.2020, Annexure P working as Computer Teacher/Instructor relieved from service on account of theft in the computer laboratory and there being no workload due to non-function Learned counsel for the petitioners has relied upon instructions dated 05.02.2020, Annexure P-21, issued by the District Edu to all Block Education Officers and Elementary Education Officers, that in case computers have been stolen from a laboratory, Computer Teachers Attendants should be considered for amalgamation/adjustment in other schools. These instructions have not been complied with, despite the posts being vacant in other schools as apparent from Annexures P dated 28.01.2020. It is further contended that as per his instructions even now IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19648-2020 Decided On: 11.09.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA , Advocate for Mr. Aakash Singla, Additional Advocate General, Haryana. inter alia, seeking a writ of certiorari , Annexure P-3, whereby the petitioners, /Instructor and Laboratory Attendant, from service on account of theft in the computer laboratory functioning of laboratory. Learned counsel for the petitioners has relied upon instructions 21, issued by the District Education Officer, to all Block Education Officers and Elementary Education Officers, that in case computers have been stolen from a laboratory, Computer Teachers s should be considered for amalgamation/adjustment in ese instructions have not been complied with, despite the posts being vacant in other schools as apparent from Annexures P-5 and P-6, dated 28.01.2020. It is further contended that as per his instructions even now certiorari , whereby the petitioners, , from service on account of theft in the computer laboratory Learned counsel for the petitioners has relied upon instructions cation Officer, to all Block Education Officers and Elementary Education Officers, that in case computers have been stolen from a laboratory, Computer Teachers s should be considered for amalgamation/adjustment in ese instructions have not been complied with, despite the 6, dated 28.01.2020. It is further contended that as per his instructions even now Aman Dua 2025.09.18 16:08 I attest to the accuracy and authenticity of this judicial document CWP-19648-202 the posts of Computer Teacher/Instructor a vacant, where the petitioners can be adjusted. 3. Learned State counsel has received instructions from the second respondent/Director few posts of Computer Teacher and Laboratory schools in District Jind on account of paragraphs of the written statement filed on behalf of 6. about the misbehavior, misconduct disobedience of the order of the Headmaster from the very beginning. However, their misdeed, m record of the school. Sh. Mukesh Kumar passed the written order dated 15/02/2018 and sought the explanation from the petitioner to explain as why he has not come to the office when the message was sent thr asking of Headmaster. The petitioner tempered the order and made his name and date and signature of the Headmaster illegible with pen. The record can be produced before the court for kind perusal in case so ordered b petitioners refused to note down the order Sr. 03/12/2019 passed by D.D.O. and then on 04/12/2019 tendered written apology. Further, dated 26/01/2020 both the petitioners marked Sh. Parveen, English Lecturer as on leave in the Attendance Register which is a gross misconduct and act of indi perform the duty assigned to them of making arrangements and maintaining discipline on them of making arrangements and maintaining discipline on the occasion of Republic day. The School Manag misbehavior. The petitioners 2020 -2- the posts of Computer Teacher/Instructor a vacant, where the petitioners can be adjusted. Learned State counsel has received instructions from the second /Director General, Secondary Education few posts of Computer Teacher and Laboratory chools in District Jind, but the petitioners cannot be adjusted against the same on account of their conduct. In this regard, he has referred to the following of the written statement filed on behalf of 6. That although the respondent No.4 has mentioned nothing about the misbehavior, misconduct disobedience of the order of the Headmaster from the very beginning. However, their misdeed, misconduct, misbehavior and disobedience are on the record of the school. Sh. Mukesh Kumar passed the written order dated 15/02/2018 and sought the explanation from the petitioner to explain as why he has not come to the office when the message was sent through peon on 13/02/2018 and even on the asking of Headmaster. The petitioner tempered the order and made his name and date and signature of the Headmaster illegible with pen. The record can be produced before the court for kind perusal in case so ordered by the Hon'ble Court. Further the petitioners refused to note down the order Sr. 03/12/2019 passed by D.D.O. and then on 04/12/2019 tendered written apology. Further, dated 26/01/2020 both the petitioners marked Sh. Parveen, English Lecturer as on leave in the Attendance Register which is a gross misconduct and act of indiscipline. It is also submitted here that the petitioners did not perform the duty assigned to them of making arrangements and maintaining discipline on them of making arrangements and maintaining discipline on the occasion of Republic day. The School Management Committee had to their indiscipline and misbehavior. The petitioners again the posts of Computer Teacher/Instructor and Laboratory Attendant are Learned State counsel has received instructions from the second , Secondary Education and contends that only a few posts of Computer Teacher and Laboratory Attendant are vacant in some cannot be adjusted against the same In this regard, he has referred to the following of the written statement filed on behalf of the fourth respondent: That although the respondent No.4 has mentioned nothing about the misbehavior, misconduct disobedience of the order of the Headmaster from the very beginning. However, their isconduct, misbehavior and disobedience are on the record of the school. Sh. Mukesh Kumar passed the written order dated 15/02/2018 and sought the explanation from the petitioner to explain as why he has not come to the office when the eon on 13/02/2018 and even on the asking of Headmaster. The petitioner tempered the order and made his name and date and signature of the Headmaster illegible with pen. The record can be produced before the court for kind y the Hon'ble Court. Further the petitioners refused to note down the order Sr. No.552 dated 03/12/2019 passed by D.D.O. and then on 04/12/2019 tendered written apology. Further, dated 26/01/2020 both the petitioners marked Sh. Parveen, English Lecturer as on leave in the Attendance Register which is a gross misconduct and act of scipline. It is also submitted here that the petitioners did not perform the duty assigned to them of making arrangements and maintaining discipline on them of making arrangements and maintaining discipline on the occasion of Republic day. The ement Committee had to their indiscipline and again refused to note down the nd Laboratory Attendant are Learned State counsel has received instructions from the second only a in some cannot be adjusted against the same In this regard, he has referred to the following That although the respondent No.4 has mentioned nothing about the misbehavior, misconduct disobedience of the order of the Headmaster from the very beginning. However, their isconduct, misbehavior and disobedience are on the record of the school. Sh. Mukesh Kumar passed the written order dated 15/02/2018 and sought the explanation from the petitioner to explain as why he has not come to the office when the eon on 13/02/2018 and even on the asking of Headmaster. The petitioner tempered the order and made his name and date and signature of the Headmaster illegible with pen. The record can be produced before the court for kind y the Hon'ble Court. Further the No.552 dated 03/12/2019 passed by D.D.O. and then on 04/12/2019 tendered written apology. Further, dated 26/01/2020 both the petitioners marked Sh. Parveen, English Lecturer as on leave in the Attendance Register which is a gross misconduct and act of scipline. It is also submitted here that the petitioners did not perform the duty assigned to them of making arrangements and maintaining discipline on them of making arrangements and maintaining discipline on the occasion of Republic day. The ement Committee had to their indiscipline and refused to note down the Aman Dua 2025.09.18 16:08 I attest to the accuracy and authenticity of this judicial document CWP-19648-202 resolution, when the peon went to them and asked them to note down. The copy of resolution No.17 against the petitioners for their indiscipline and mi to note down the resolution, when the peon went to them and asked them to note d SMC after is annexed herewith as (Annexure R 7. written complaint to Block Education Officer, Narwana against Sh. Sanjeev Kumar order passed by Headmaster which were passed in compliance of the letter dated 03/12/2019 of Electoral Registration O SDM. The concerned employee was ordered to go to duty as B.L.O. at Booth No. 191, Village Sacha Khera, Jind. However, the official left the school by marking the presence at 1.45 and asked the Headmaster to take any action against him. The copy of the letter dated 03/12/2019 is annexed herewith as (Annexure R 5). 8. Jind donated sports articles which includes Carom Board, Basketball, Discus throw, Badminton racket, 21 Shuttle cock box, two Volle articles were never deposited with the school, even after repeated asked by the Headmaster. The copy of letter dated 27/03/2018 of giving herewith as ( 9. Panchkula vide its letter memo no. KW 13/8 29/06/2018 on the subject re and lab attendant for computer education in the schools of Haryana has the Institution, at any point of time finds that the work and conduct of the Computer Faculty/Lab Attendant is not satisfactory or he/she is found guilty of insubordination, willful absence from duty or a 2020 -3- resolution, when the peon went to them and asked them to note down. The copy of resolution No.17 against the petitioners for their indiscipline and misbehavior. The petitioners again refused to note down the resolution, when the peon went to them and asked them to note down. The copy of resolution no. SMC after is annexed herewith as (Annexure R 7. That on 03/12/2019 the answering respo written complaint to Block Education Officer, Narwana against Sh. Sanjeev Kumar-Petitioner No.2 regarding disobedience to the order passed by Headmaster which were passed in compliance of the letter dated 03/12/2019 of Electoral Registration O SDM. The concerned employee was ordered to go to duty as B.L.O. at Booth No. 191, Village Sacha Khera, Jind. However, the official left the school by marking the presence at 1.45 and asked the Headmaster to take any action against him. The copy of the letter dated 03/12/2019 is annexed herewith as (Annexure R 5). 8. That on 27/03/2018 Punjab National Bank Sacha Khera, Jind donated sports articles which includes Carom Board, Basketball, Discus throw, Badminton racket, 21 Shuttle cock box, two Volley ball (Samsung shooting), and one toss. These articles were never deposited with the school, even after repeated asked by the Headmaster. The copy of letter dated 27/03/2018 of giving of sports items to petitioner namely; Surender is annexed herewith as (Annexure R-6). 9. That the Director Secondary Education Haryana, Panchkula vide its letter memo no. KW 13/8 29/06/2018 on the subject re-engagement of computer faculty and lab attendant for computer education in the schools of Haryana has specifically ordered that "if the Principal/Head of the Institution, at any point of time finds that the work and conduct of the Computer Faculty/Lab Attendant is not satisfactory or he/she is found guilty of insubordination, willful absence from duty or any other misconduct, his/her services resolution, when the peon went to them and asked them to note down. The copy of resolution No.17 against the petitioners for sbehavior. The petitioners again refused to note down the resolution, when the peon went to them and own. The copy of resolution no.17 passed by SMC after is annexed herewith as (Annexure R-4). That on 03/12/2019 the answering respondent made a written complaint to Block Education Officer, Narwana against Petitioner No.2 regarding disobedience to the order passed by Headmaster which were passed in compliance of the letter dated 03/12/2019 of Electoral Registration Officer / SDM. The concerned employee was ordered to go to duty as B.L.O. at Booth No. 191, Village Sacha Khera, Jind. However, the official left the school by marking the presence at 1.45 and asked the Headmaster to take any action against him. The copy of the letter dated 03/12/2019 is annexed herewith as (Annexure R- That on 27/03/2018 Punjab National Bank Sacha Khera, Jind donated sports articles which includes Carom Board, Basketball, Discus throw, Badminton racket, 21 Shuttle cock y ball (Samsung shooting), and one toss. These articles were never deposited with the school, even after repeated asked by the Headmaster. The copy of letter dated 27/03/2018 of to petitioner namely; Surender is annexed That the Director Secondary Education Haryana, Panchkula vide its letter memo no. KW 13/8-2016 ICT dated engagement of computer faculty and lab attendant for computer education in the schools of specifically ordered that "if the Principal/Head of the Institution, at any point of time finds that the work and conduct of the Computer Faculty/Lab Attendant is not satisfactory or he/she is found guilty of insubordination, willful ny other misconduct, his/her services resolution, when the peon went to them and asked them to note down. The copy of resolution No.17 against the petitioners for sbehavior. The petitioners again refused to note down the resolution, when the peon went to them and 17 passed by ndent made a written complaint to Block Education Officer, Narwana against Petitioner No.2 regarding disobedience to the order passed by Headmaster which were passed in compliance of fficer / SDM. The concerned employee was ordered to go to duty as B.L.O. at Booth No. 191, Village Sacha Khera, Jind. However, the official left the school by marking the presence at 1.45 and asked the Headmaster to take any action against him. The copy of - That on 27/03/2018 Punjab National Bank Sacha Khera, Jind donated sports articles which includes Carom Board, Basketball, Discus throw, Badminton racket, 21 Shuttle cock y ball (Samsung shooting), and one toss. These articles were never deposited with the school, even after repeated asked by the Headmaster. The copy of letter dated 27/03/2018 of to petitioner namely; Surender is annexed That the Director Secondary Education Haryana, 2016 ICT dated engagement of computer faculty and lab attendant for computer education in the schools of specifically ordered that "if the Principal/Head of the Institution, at any point of time finds that the work and conduct of the Computer Faculty/Lab Attendant is not satisfactory or he/she is found guilty of insubordination, willful ny other misconduct, his/her services Aman Dua 2025.09.18 16:08 I attest to the accuracy and authenticity of this judicial document CWP-19648-202 would be dispensed with immediate effect." So, as stated above the petitioners cannot be adjusted in any of the school in view of their insubordination and misconduct. The copy of the letter dated 29/06/2018 is annexed 4. The facts aforementioned petitioners by filing any counter 5. Considering the undisputed facts conduct, they cannot be held entitled to readjustment instructions dated Teacher and Laboratory to seek adjustment workload in the Department took notice of their past conduct consider them for readjustment 6. In view thereof, there is no dismissed. 11.09.2025 Ad Whether speaking/reasoned? Whether reportable? 2020 -4- would be dispensed with immediate effect." So, as stated above the petitioners cannot be adjusted in any of the school in view of their insubordination and misconduct. The copy of the letter dated 29/06/2018 is annexed herewith as (Annexure R The facts aforementioned have not been disputed by by filing any counter-affidavit. Considering the undisputed facts , they cannot be held entitled to readjustment instructions dated 05.02.2020. Merely because some posts of Computer Teacher and Laboratory Attendant are vacant, adjustment. Although the petitioners were removed on account of no workload in the laboratory after the equipment Department took notice of their past conduct consider them for readjustment, no exception can be taken to it. In view thereof, there is no merit in (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? would be dispensed with immediate effect." So, as stated above the petitioners cannot be adjusted in any of the school in view of their insubordination and misconduct. The copy of the letter herewith as (Annexure R-7). have not been disputed by the Considering the undisputed facts regarding the petitioners’ , they cannot be held entitled to readjustment on the basis of . Merely because some posts of Computer are vacant, it would not give them a right were removed on account of no equipments had been stolen, in case the Department took notice of their past conduct and found it not appropriate to no exception can be taken to it. merit in the petition and it stands TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No would be dispensed with immediate effect." So, as stated above the petitioners cannot be adjusted in any of the school in view of their insubordination and misconduct. The copy of the letter the the petitioners’ on the basis of . Merely because some posts of Computer a right were removed on account of no in case the and found it not appropriate to the petition and it stands Aman Dua 2025.09.18 16:08 I attest to the accuracy and authenticity of this judicial document