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High Court of Punjab and HaryanaCWP/12785/2021disposed of

Karamjit Singh v. State Of Haryana And Others

2021-07-19Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-12785-2021 (O&M) Date of decision: 19.07.2021 Karamjit Singh

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Nitish Bhatia, Advocate, for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

(Presence marked through Video Conference) -.- ARUN MONGA, J. (ORAL) Grievance of the petitioner herein, inter alia, is qua his impugned suspension order, which is stated to have been passed without following due procedure of law viz either conducting any inquiry and/or issuing show-cause- notice or granting any personal hearing to the petitioner or even otherwise conveying him what is/are the proposed disciplinary proceedings anticipated against him.

On the last date of hearing, learned State counsel had sought time to seek instructions and when the matter is taken up today, he submits that the petitioner has been reinstated in service. Merely his range has been changed from Ambala to Saha though he continues to be in District Ambala. In course of hearing today, learned State counsel has tendered a reinstatement order dated 14.07.2021 through email, copy whereof is taken on record as Mark 'A'.

VANDANA 2021.07.20 03:21 I attest to the accuracy and integrity of this document

Learned counsel for the petitioner submits that the beat/range of the petitioner could not have been changed.

Be that as it may, change of range is merely transfer and being an administrative exigency, competent authority is entitled to do so. No grounds are made out to interfere.

Disposed of.

At this stage, learned State counsel submits that there is a contemplated inquiry against the petitioner and the reinstatement of the petitioner shall not, in any manner, be construed to mean that he stands absolved there from.

It is, accordingly, made clear that the reinstatement order shall not prejudice the department's right to proceed in the contemplated disciplinary proceedings. Department is at liberty to proceed, in accordance with law.

(ARUN MONGA) JUDGE July 19, 2021 Vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2021.07.20 03:21 I attest to the accuracy and integrity of this document