High Court of Punjab and HaryanaCRM-M/17526/2020disposed of

Ramniwas v. State Of Punjab

2021-08-23Mr. Justice Amol Rattan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 23.08.2021 Ramniwas ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present :

Mr. Sandeep Arora, Advocate, for the petitioner.

Mr. Ramdeep Partap Singh, DAG, Punjab.

***** Case heard via video conferencing.

As already noticed in the last order, pursuant to the order dated 15.07.2021, an affidavit of Sh. Anurag Aggarwal, Additional Chief Secretary to the Government of Punjab, Department of Home Affairs and Justice, dated 30.07.2021/02.08.2021, has been filed. A perusal thereof shows that upon receipt of the letter of the DGP, Punjab, dated 11.12.2020, a decision was taken by the State Government for initiation of a departmental enquiry under Rule 8 read with Rule 12 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, against the four officers named in paragraph 4 of the affidavit; with the DGP, Punjab, asked to send draft charge sheets within 15 days (of 27.01.2021).

However the said charge sheets were not received from the office of the DGP, Punjab, despite the issue being raised on 28.04.2021 and

-2a reminder issued on 23.06.2021.

Subsequently the draft charge sheets were received on 15.07.2021 and charge sheets therefore issued immediately to the four officers, on 16.07.2021.

Very obviously, the office of the DGP, Punjab, was delaying the matter to try and avoid issuing charge sheets to the four officers concerned; and it is only when the Additional Chief Secretary to the Government of Punjab, was personally summoned to court, that the draft charge sheets were sent to his office.

Though otherwise the officers concerned in the office of the DGP, Punjab, would need to be issued strictures for the seemingly deliberate delay, yet, the charge sheets at least now having been issued, no further action presently is being taken in that regard by this court, with the Additional Chief Secretary to the Government of Punjab, also having stated that on 22.07.2021, the DGP, Punjab, had been asked to fix responsibility of the officers/officials concerned for the delay, and to take appropriate departmental action against them.

Other explanations have also been given as to why the matter got delayed in the office of the Additional Chief Secretary to Government of Punjab, Department of Home Affairs and Justice, between one branch and the other, with show cause notices also having been issued to the OSD (Litigation), for a lapse on his part.

That being so, presently at least nothing further remains to be done by this court, with learned counsel for the petitioner submitting that the petitioner in any case has no grievance left, he having been admitted to bail by this court earlier. Thus the matter is left to rest presently, with all

-3departmental inquiries initiated obviously to be taken to their logical conclusion, with the reports in all departmental enquiries initiated to be placed before this court, for the record, within a period of four months from today.

(AMOL RATTAN SINGH) JUDGE 23.08.2021 adhikari