High Court of Punjab and HaryanaCWP/12318/2011dismissed

Jagdev Singh v. State Of Punjab & ORS

2017-03-23Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.12318 of 2011 (O&M) Date of decision: 23.03.2017 Jagdev Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

***** CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Narinder Sharma, Advocate, for the petitioner.

Mr. L.S.Virk, Addl. A.G., Punjab.

**** JAISHREE THAKUR, J.

The petitioner herein is aggrieved against the order dated 07.03.2011 passed by respondent No.2 - Financial Commissioner-cumSecretary, Department of Cooperation, Punjab. In brief, facts are that petitioner was chargesheeted and a regular inquiry was held and a punishment of stoppage of three annual increments with cumulative effect was imposed upon the petitoiner by order dated 18.06.2007. Against the said order, the petitioner filed an appeal and the same was listed before the Secretary Cooperation, who reduced the punishment imposed upon the petitioner, the stoppage of one increment with cumulative effect by order dated 18.06.2009. The petitioner thereafter filed another application against the impugned order before the Financial Commissioner, Cooperation, who dismissed the matter as there was no provision of second appeal. On review by the Financial Commissioner Cooperation, it was found that the matter could not have been considered by Satyawan 2017.03.27 16:05 I attest to the accuracy and authenticity of this document High Court Chandigarh

CWP No.12318 of 2011 -2the Secretary Cooperation by order dated 07.03.2011. While reviewing the said order, the punishment as imposed was upheld i.e. stoppage of three annual increments with cumulative effect. Aggrieved against this order, the instant writ petition has been filed to contend that the same authority is not competent to review his previous order.

It is contended that the order dated 07.03.2011 is not sustainable.

Learned counsel appearing on behalf of the respondents-State submits that the matter has been relooked at and it has been decided to withdraw the impugned order dated 07.03.2011 as the same could not have been reviewed.

In view of the fact that the impugned order dated 07.03.2011 stands withdrawn by the Fincial Commissioner and Secretary to Government of Punjab vide order dated 29.11.2016, no further orders are called for in the writ petition and the same is disposed of as having been rendered infructuous.

23.03.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.03.27 16:05 I attest to the accuracy and authenticity of this document High Court Chandigarh