High Court of Punjab and HaryanaCRM-M/4252/2018dismissed

Rajiv Kumar v. State Of Haryana & ORS

2018-07-18Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-4252 of 2018 (O&M) Date of Decision: July 18, 2018 Rajiv Kumar

...Petitioner

VERSUS

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Rajesh Sethi, Advocate for the petitioner.

Mr.Sukhdeep Parmar, DAG, Haryana for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Article 226/227 of Constitution of India against State of Haryana and other respondents for issuance of an appropriate writ of mandamus directing the respondents to pass an order/take a decision expeditiously in the matter of granting sanction to prosecute Sh.Karambir Singh, District Town Planner, Sirsa, as sought by the petitioner vide written request and reminder. Notice of motion was issued. Learned State counsel appeared and contested the petition. Affidavit of Special Secretary, Town and Country Planning Department, Haryana, has been filed and the same is taken on record.

I have heard learned counsel for the petitioner as well as VINEET GULATI 2018.07.27 12:36 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-4252 of 2018 -2learned State counsel and have gone through the record. In the affidavit, it is stated that request for granting sanction to prosecute Sh.Karamveer Singh, District Town Planner, Sirsa has been got enquired into by the Chief Vigilance Officer (CVO) of the Department. As per enquiry report by CVO dated 03.05.2018, no case was made out for grant of sanction for the prosecution of Sh.Karamveer Singh, District Town Planner, Sirsa. In para No.2 of the affidavit, it is stated that sanction has been denied as no prima facie is made out. A letter (Annexure R-1) from Principal Secretary to Govt. Haryana, Town and Country Planning Department to the Advocate General, Haryana has been sent, in which, it is specifically stated that request of the applicant (petitioner) for grant of sanction of prosecution of Sh.Karamveer Singh, District Town Planner, Sirsa, stands denied.

Keeping in view the fact that competent authority has considered the report of CVO and has denied the sanction, therefore, this petition for giving direction to decide the matter regarding grant of sanction has become infructuous.

Therefore, present petition stands dismissed as having been rendered infructuous July 18, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2018.07.27 12:36 I attest to the accuracy and authenticity of this document Chandigarh