Arvinderpal Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-259-2025 Date of Decision : February 11, 2025 ARVINDERPAL SINGH -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Jagdish Singh Mahal, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant writ petition, prayer is made for setting aside the inquiry report dated 26.11.2024 (Annexure P-5), which has been prepared on a complaint made against Godown Inspector Gagandeep Singh and Dimple Kumar, and wherein, lapse on the part of the petitioner himself has also come to light.

2.

The learned counsel for the petitioner submits that, what has driven the petitioner to straightaway approach this Court for assailing the inquiry report (supra), instead of assailing the same before the Controller, District Food and Civil Supplies concerned, is that, the authority concerned has pursuant to the making of the inquiry report (supra) stopped delivering wheat to the petitioner's depot for distributing it further to the ration card holders.

3.

The above made submission of the petitioner's counsel is vehemently opposed by the learned State counsel, who is in receipt of DEVINDER YADAV 2025.02.15 10:21 I attest to the accuracy and authenticity of this order/judgment

CWP-259-2025 advance notice. He, on instructions imparted to him by Mr. Amritpal Singh, Inspector, Food and Civil Supplies, Amritsar, informs this Court that, wheat supply of the petitioner's depot is continuing and he has been duly supplied wheat for further distribution.

4.

In view of the above, this Court is of the opinion that, the instant writ petition is a misconceived motion inasmuch as the petitioner has straightaway accessed this Court without taking recourse to the apposite statutory remedy.

5.

At this stage, the learned counsel for the petitioner requests that, the petitioner be permitted to approach the authority concerned by filing objections/response to the inquiry report (supra). He also requests that, the authority concerned be also directed to take further action on the inquiry report (supra) only after considering the objections/response filed thereto by the petitioner.

6.

Taking into account the innocuous and bona fide request of the petitioner, this writ petition is disposed of with liberty to the petitioner to, within 15 days from today, file objections/response to the inquiry report (supra) before the Controller, District Food and Civil Supplies concerned. In case, the petitioner files objections/response within the stipulated period, the Controller, District Food and Civil Supplies concerned shall take appropriate action in accordance with law.

(KULDEEP TIWARI) February 11, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.02.15 10:21 I attest to the accuracy and authenticity of this order/judgment