Davinder Singh Kohli v. State Of Punjab And Others

CWP-8008-2023 2023:PHHC:055030

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-8008-2023 Date of Decision: 19.04.2023 Davinder Singh Kohli ..... Petitioner

Versus

State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr.Gursher Singh Bhandal, Advocate for the petitioner.

Mr. Vikas Arora, AAG, Punjab.

*** ANIL KSHETARPAL, J. (Oral) 1.

The petitioner prays for the issuance of a writ in the nature of certiorari to quash the charge-sheet memo issued on 11.11.2022 and the appointment of the Inquiry Officer vide order dated 08.03.2023, on the ground that the charge memo is barred under Rule2.2(b) of Punjab Civil Service Rules, Volume-2, as the alleged irregularity was committed by the petitioner more than 4 years before the date of initiation of the disciplinary proceedings. The petitioner is a retired employee. This writ petition has been filed without filing an application before the Disciplinary Authority, who has issued the charge-sheet. Though, the petitioner while filing reply to the charge-sheet has taken this objection, however, no specific order has been passed by the Disciplinary Authority in that regard. 2.

In view of the aforesaid facts, at the first instance, the petitioner is directed to file an application before the Disciplinary Authority which SATYAWAN 2023.04.21 10:44 I attest to the accuracy and integrity of this document

CWP-8008-2023 2023:PHHC:055030 shall be decided by passing a speaking order after granting an opportunity of hearing to the petitioner within a period of 10 days from the date of its filing.

3.

Disposed of, accordingly.

(ANIL KSHETARPAL) JUDGE 19.04.2023 Satyawan

1. Whether speaking/reasoned: Yes/No

2. Whether reportable:

Yes/No SATYAWAN 2023.04.21 10:44 I attest to the accuracy and integrity of this document