High Court of Punjab and HaryanaCOCP/1828/2018disposed of

Sanjeev Kumar v. Anurag Aggarwal & ANR

2018-07-11Mrs. Justice Raj Rahul Garg2 pages

COCP 1828/2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 1828/2018 Date of decision:11.07.2018 Dr.Sanjiv Kumar ..............Petitioner v.

Sh.Anurag Aggarwal,Secretary Technical Education and anr. ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.S.S.Pathania,Advocate for the petitioner Mr.Suvir Sehgal,Sr.Standing Counsel with Mr.Jaivir Chandail,Advocate for UT.

Jaswant Singh,J,(Oral).

Petitioner, who is an Assistant Professor with Government College of Arts,Chandigarh, was suspended and charge sheeted on the allegations of misbehaviour with girl students. His challenge to the charge sheet on the ground of not being issued by the competent authority, raised in CWP 4179/2016 was disposed of by a Division Bench of this Court vide order dated 16.3.2016 with the observation that the Court was not inclined to go into the competency since he was free to raise the same at the time of issuance of punishment order and respondents would be obligated to deal with the same. In the present contempt it is alleged that while passing the punishment order imposing a major penalty of stoppage of two increments with cumulative effect, the issue of competency raised by petitioner has not been dealt with much less even touched upon.

Rajinder Parshad Joshi 2018.07.12 14:28 I attest to the accuracy and integrity of this document

COCP 1828/2018 Counsel for the respondents submits that before issuance of the charge sheet approval of competent authority i.e. the Administrator was duly obtained on the file and hence there is substantial compliance of requirement of law.

After hearing counsel for the parties this Court is not inclined to proceed any further in the instant contempt petition. The petitioner is free to seek his remedy against the order of punishment in accordance with law.

Disposed of.

Rule discharged.

11.07.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.07.12 14:28 I attest to the accuracy and integrity of this document