Anand Kumar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-10460-2020 Date of decision : 03.09.2020 Anand Kumar .... Petitioner

Versus

State of Haryana and others ... Respondents CORAM : HON'BLE MR. JUSTICE RAJIV SHARMA HON'BLE MR. JUSTICE HARINDER SINGH SIDHU Present :

Mr. Sushil Jain, Advocate, for the petitioner.

Ms. Shubhra Singh, Addl. A.G., Haryana.

* * * RAJIV SHARMA, J.

This case has been taken up for hearing through videoconferencing. The petitioner is aggrieved by the issuance of show cause notice dated 11.03.2020 (Annexure P-9). The petitioner filed reply to the same on 28.04.2020 (Annexure-12). However, without taking a decision on the reply filed by the petitioner to the show cause notice dated 11.03.2020, the Engineer-in-Chief (respondent No.3) issued letter dated 18.06.2020 (Annexure P-15). The Engineer-in-Chief could not interfere in the matter without the final decision being taken by the competent authority on the basis of reply furnished by the petitioner on 28.04.2020 to the show cause notice dated 11.03.2020.

NAROTAM DASS 2020.09.03 15:13 I attest to the accuracy and integrity of this document PHHC CHANDIGARH

CWP-10460-2020 -2Accordingly, the present petition is disposed of with a direction to the Superintending Engineer (respondent No.4) to take final decision on the show cause notice on the basis of reply filed by the petitioner on 28.04.2020, by passing a speaking/detailed order, in accordance with law, within a period of four weeks from today, wholly uninfluenced by the letter dated 18.06.2020 (Annexure P-15) issued by respondent No.3. The petitioner is permitted to file supplementary reply to the show cause notice. ( RAJIV SHARMA ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE September 03, 2020 ndj Whether speaking/reasoned Yes/No Whether reportable Yes/No NAROTAM DASS 2020.09.03 15:13 I attest to the accuracy and integrity of this document PHHC CHANDIGARH