High Court of Punjab and HaryanaCOCP/3234/2016dismissed

Satinder Dhawan v. P Raghavindra Rao

2017-01-16Mr. Justice S.P. Bangarh2 pages

COCP 3234/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:16.01.2017 Satinder Dhawan ............Petitioner vs P.Raghvindra Rao .............Respondents CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Veneet Sharma,Advocate for the petitioner. Mrs.Shubhra Singh,Addl.AG Haryana for respondent. Jaswant Singh,J(Oral) Petitioner was inter alia alleged to have embezzled funds of the department. The allegations led to lodging of FIR No.428 dated 21.11.1988 under Section 409 IPC as also initiation of disciplinary proceedings for imposition of major penalty. In the disciplinary proceedings his services were terminated on 30.10.2002 and a recovery of Rs.11,78,398.50 was ordered. The statutory appeal against the punishment order was dismissed. Petitioner filed CWP 9833/2004 challenging the punishment order as well as appellate order.

The writ petition was disposed of on 28.10.2010 with a direction to the appellate authority to re-examine the issue in the light of petitioner having been acquitted in the criminal case. In compliance, fresh appellate order dated 15.9.2011 came to be passed upholding the initial punishment order. The same was once again brought before this Court by filing CWP 19436/2012, decided on 21.1.2016 whereby the appellate authority was once again directed to decide the appeal afresh within two months from the receipt of a copy of the order. Rajinder Parshad Joshi 2017.01.

COCP 3234/2016 Since the needful was not done within the stipulated time hence the present contempt petition.

Learned State counsel on instructions prays for extension of time to decide the appeal afresh in view of the issue being old and record being voluminous.

In the background of aforesaid facts, it is deemed expedient to grant four months more time, commencing today, to appellate authority to decide the pending appeal by passing a speaking order. Dismissed as infructuous with the aforesaid directions. 16.01.2017 (Jaswant Singh) joshi Judge Whether speaking/ reasoned Yes/No Whether Reportable:

Yes/No Rajinder Parshad Joshi 2017.01.16 17:51 I attest to the accuracy and integrity of this document