CM-5231-CWP-2022

1. This application is for placing on record affidavit of Mr. Sanjeev Kaushal, Chief Secretary to Government of Haryana (the then Additional Chief Secretary, Cooperation Department, Haryana) in compliance of order by this Court.

2. Application is allowed and affidavit of Mr. Sanjeev Kaushal, Chief Secretary to Government of Haryana (the then Additional Chief Secretary, Cooperation Department, Haryana) is taken on record.

CM-5232-CWP-2022

3. Learned State counsel submits that this application for exemption from personal appearance has been rendered infructuous as the applicant is present in Court.

4. Application stands disposed of as infructuous.

CM-2613-CWP-2022

5. This Court on 28.03.2022 had passed the following order:-

“Learned counsel for the petitioner submits that the impugned order has been passed by the Revisional Authority (Additional Chief Secretary, Cooperation Department, Haryana) without issuance of any notice or opportunity of hearing to the petitioner. The petitioner had been dismissed from service. His appeal had been accepted by the Appellate Authority. The Revisional Authority had allowed the revision petition preferred by respondent No.3.

Reply filed on behalf of respondents No.1 and 2 is evasive with regard to the averment made in para 19 that no opportunity of hearing was afforded to the petitioner before accepting the revision.

On the last date of hearing, respondent No.1, the then Additional Chief Secretary, Cooperation Department, Haryana was directed to file an affidavit as to whether the revision was accepted without any notice or opportunity of hearing to the petitioner and if so, the rationale for doing so would also to be set out.

Affidavit has not been filed. Learned State counsel prays for more time to file affidavit. In response to the query of this Court as to whether the order was passed without any notice to the petitioner, he submits that the revision was decided on the first date of hearing.

It is manifest that the revision had been allowed without any notice or opportunity of hearing to the petitioner resulting in termination of his service. The impugned order has been passed in a casual manner and in violation of the principles of natural justice. The dockets of the courts are clogged and the State is the largest litigant. If the officers of the State take due care and caution while passing orders at least a part of the litigation could be avoided.

Let the then Additional Chief Secretary, Cooperation be present in Court on the next date of hearing to explain as to why the order was passed without any notice or opportunity of hearing and why he should not be burdened with the cost of litigation.

List on 06.04.2022.”

6. In pursuance to the order passed on 28.03.2022, Mr. Sanjeev Kaushal, Chief Secretary, Government of Haryana is present in Court. He while referring to the affidavit filed by him submits that the error indeed took place. He regrets the error and assures the Court that such an error would not take place henceforth.

7. He shall file an affidavit as to what steps are being taken by the State Government to prevent unwarranted litigation which often takes place due to the casual attitude of its officers and whether any action is taken against such officers. The affidavit shall also place on record the litigation policy of the State.

8. Learned Advocate General, Punjab shall also apprise the Court of the steps taken by the State of Punjab to prevent avoidable litigation.

9. The personal appearance of Mr. Sanjeev Kaushal, Chief Secretary, Government of Haryana is exempted till further orders.

10. List on 28.04.2022.