Narayan Dutt v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-4614-2021 (O&M) Date of decision : 26.02.2021 Narayan Dutt ... Petitioner(s)

Versus

State of Haryana and others ... Respondent(s)

CORAM:

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Parminder Singh, Advocate for the petitioner. **** ALKA SARIN, J. (ORAL) Heard through video conferencing.

Challenge in the present Civil Writ Petition under Articles 226/227 of the Constitution of India is to the order dated 02.09.2020 (Annexure P-10) whereby the representation of the petitioner dated 23.10.2019 (Annexure P-9) for consideration of the petitioner for promotion to the rank of Inspector/Establishment being senior-most in Executive Clerical Cadre of HAP and in the light of the fact that juniors to the petitioner with 8 years of service in totality (in the rank of ASI and SI) have been promoted to the post of Inspector, has been summarily dismissed by totally a non-speaking order.

Learned counsel for the petitioner would contend that a perusal of the order dated 02.09.2020 (Annexure P-10) clearly reveals that there are no reasons forthcoming, though a detailed representation was given by the petitioner. The order simply states considered and rejected. YOGESH SHARMA 2021.02.26 22:01 I attest to the accuracy and integrity of this document

CWP-4614-2021 (O&M) -2Notice of motion.

On the asking of the Court, Mr. Rajesh Gaur, Addl. A.G., Haryana has put in appearance through video conferencing and accepts notice on behalf of the respondents. He is not in a position to deny that the order dated 02.09.2020 (Annexure P-10) is a totally non-speaking order and no reasons whatsoever are forthcoming in the said order. Heard learned counsel for the parties.

In view of the fact that the order dated 02.09.2020 (Annexure P-10) is a totally non-speaking order and no reasons whatsoever are forthcoming, the same is quashed and respondent No.2 - Director General of Police, Haryana - is directed to take a decision afresh on the representation dated 23.10.2019 (Annexure P-9) by passing a speaking order, in accordance with law, expeditiously preferably within a period of two months from the date of receipt of certified copy of this order. Disposed off.

( ALKA SARIN ) JUDGE 26.02.2021 Yogesh Sharma NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2021.02.26 22:01 I attest to the accuracy and integrity of this document