← Library
High Court of Punjab and HaryanaCWP/7624/2019disposed of

Baljinder Singh v. State Of Haryana And Others

2024-07-22Mr. Justice Jasgurpreet Singh Puri2 pages

CWP-7624 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-7624 of 2019 (O&M) Date of decision : July 22, 2024 Baljinder Singh ...... Petitioner

Versus

State of Haryana and others ...... Respondents CORAM : HON'BLE MR. JUSTICE JASGURPREET SINGH PURI *** Present :-Mr. Gurpreet Singh, Advocate for the petitioner.

Mr. Sandeep Singh Mann, Addl. A.G.Haryana.

Mr. R. D. Bawa, Advocate and Mr. Samuel Gill, Advocate for respondent Nos. 2 to 4. *** JASGURPREET SINGH PURI , J (Oral) 1.

After arguing for sometime, learned counsel for the petitioner prays for withdrawal of the present writ petition in view of the fact that the appeal against the impugned order is still pending. He submitted that there was a delay in filing of the appeal because the orders of the punishing authority were not sent to the petitioner at his place of posting. It is submitted that some time frame may be fixed so that the appellate authority may decide the appeal within the time frame. It is submitted that he may also be permitted to raise additional grounds by filing supplementary grounds of appeal and he may be heard in person or through counsel.

ARCHANA ARORA 2024.07.26 10:05 I attest to the accuracy and integrity of this document

CWP-7624 of 2019 (O&M) 2.

Learned counsel for the respondents on instructions has submitted that so far as the grounds of limitation is concerned he has instructions to state that the appellate authority will not non-suit the petitioner on the ground of limitation and the appeal of the petitioner will be decided on merits. He also submitted that he has no objection if a time frame may be fixed so that the appellate authority may decide the appeal within the fixed time frame.

3.

I have heard learned counsel for the parties. 4.

Since the appeal of the petitioner is pending before the appellate authority, the appellate authority is therefore, directed to decide the same within a period of six weeks from today by passing a detailed speaking order. As per the learned counsel for the petitioner, the punishment order was not received by the petitioner at the place of his posting. Learned counsel for the respondents has no objection if the appeal is decided on merits. It is, therefore directed that the appeal be decided on merits by the appellate authority. The petitioner shall be at liberty to raise any additional ground by filing supplementary grounds of appeal. The appellate authority shall grant an opportunity of hearing to the petitioner or his counsel and shall consider each and every ground taken by the petitioner either in the grounds of appeal or in the supplementary grounds of appeal, if any.

5.

The present petition is disposed of accordingly. July 22, 2024 ( JASGURPREET SINGH PURI) archana JUDGE 

        ARCHANA ARORA 2024.07.26 10:05 I attest to the accuracy and integrity of this document