Sukhwinder Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-844-2023 Date of decision : 17.01.2023 SUKHWINDER SINGH ....Petitioner

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. H.P.S. Bhinder, Advocate for the petitioner.

Mr. Charanpreet Singh, AAG, Punjab.

PANKAJ JAIN, J. (ORAL) Present writ petition has been filed under Article 226/227 of the Constitution of India seeking directions to respondent No.2 to decide representation dated 16th of August, 2022 (Annexure P-1)/reminder dated 14th of September, 2022 (Annexure P-2) stated to have been submitted by the petitioner.

From the facts as pleaded in the case, it is discernible that the petitioner was facing a departmental inquiry. In the order dated 21st of September, 2021 it has been recorded by the inquiry officer that the petitioner has accepted his mistake and has tendered written apology for the same by way of representation and the reminder (Annexures P-1 and P-2). The petitioner disputes the aforesaid fact as recorded in the inquiry proceedings to contend that he neither tendered such written apology nor ever admitted his guilt.

DEEPAK KUMAR 2023.01.17 15:56 I attest to the accuracy and integrity of this document

CWP-844-2023 -2In the considered opinion of this Court, the only person who can decide upon as to whether the said fact is correct or not is the inquiry officer. Resultantly, the petitioner is granted liberty to approach the inquiry officer by filing an appropriate application. In case, such application is moved, the inquiry officer shall decide the same in accordance with law within a month thereafter.

Writ petition stands disposed off accordingly. January 17, 2023 (PANKAJ JAIN) Dpr JUDGE DEEPAK KUMAR 2023.01.17 15:56 I attest to the accuracy and integrity of this document