Suresh Kumar Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

Suresh Kumar Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No.3 (General Manager, Haryana State Transport, Chandigarh) to consider and decide the legal notice dated 12.10.2024 (Annexure P-4) by passing a reasoned and speaking order after affording an opportunity of hearing to the respective parties, within four months of receipt of certified copy of the order.

Issue for consideration

Challenge to the order dated 26.07.2024 (Annexure P-3) passed by respondent No.3 accepting the petitioner's application for resignation from service submitted on 26/27.06.2023 (Annexure P-1). +1 more

Ratio / Principle

With the consent of the parties and without commenting anything on the merits of the case, the present petition is disposed of.

Key takeaways

Respondent No.3 is directed to consider and decide the legal notice dated 12.10.2024 (Annexure P-4) by passing a reasoned and speaking order.ratio¶22
The decision on the legal notice is to be made after affording an opportunity of hearing to the respective parties, within a period of four months of the receipt of certified copy of this order.ratio¶22

Detailed headnote1 paragraphs

Punjab and Haryana High Court, CWP-3587-2025, decided 07.04.2025 (Vinod S. Bhardwaj, J., oral) - Suresh Kumar v. State of Haryana and others. The petition challenged the order dated 26.07.2024 (Annexure P-3) passed by respondent No.3 accepting the petitioner's application for resignation from service submitted on 26/27.06.2023 (Annexure P-1); the respondents had also failed to respond to the petitioner's legal notice dated 12.10.2024 (Annexure P-4). With the consent of the parties, and expressly without commenting on the merits, the Court disposed of the petition, directing respondent No.3 - General Manager, Haryana State Transport, Chandigarh - to consider and decide the legal notice dated 12.10.2024 by passing a reasoned and speaking order after affording an opportunity of hearing to the respective parties, within four months of receipt of certified copy of the order. No statute or precedent was cited; no monetary relief awarded.

IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

113 CWP-3587-2025

Date of Decision: 07.04.2025

SURESH KUMAR

... Petitioner

VERSUS

STATE OF HARYANA AND OTHERS

... Respondents

CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

Present: Mr. Surinder Singh Duhan, Advocate for the petitioner. ****

VINOD S. BHARDWAJ, J. (ORAL)

Challenge in the present petition is to the order dated 26.07.2024 (Annexure P-3) passed by respondent No.3 vide which the application for resignation from service submitted by the petitioner on 26/27.06.2023 (Annexure P-1) was accepted.

After arguing at some length, learned counsel for the petitioner submits that with regard to his grievance, the petitioner has got served a legal notice dated 12.10.2024 (Annexure P-4) but the respondents have neither responded to the same nor have they taken any action upon the said legal notice.

Notice of motion.

Ms. Tanisha Peshawaria, DAG, Haryana accepts notice on behalf of the respondents and prays for some time to complete instructions and file response, if necessary.

RAJENDER KUMAR 2025.04.07 06:12 I attest to the accuracy and integrity of this document

CWP-3587-2025

-2-

Learned counsel for the petitioner, however, contends that he would be satisfied at this stage, in case respondent No.3-General Manager, Haryana State Transport, Chandigarh is directed to consider and decide the legal notice dated 12.10.2024 (Annexure P-4) served by the petitioner, by passing a speaking order in a time bound manner.

Learned State Counsel does not have any objection to the request made by learned counsel for the petitioner.

Accordingly, in view of the above; with the consent of the parties and without commenting anything on the merits of the case, the present petition is disposed of while directing respondent No.3 to consider and decide the legal notice dated 12.10.2024 (Annexure P-4) by passing a reasoned and speaking order after affording an opportunity of hearing to the respective parties within a period of four months of the receipt of certified copy of this order.

Petition stands disposed of accordingly.

(VINOD S. BHARDWAJ) APRIL 07, 2025. JUDGE Rajender

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

RAJENDER KUMAR 2025.04.07 06:12 I attest to the accuracy and integrity of this document