High Court of Punjab and HaryanaCWP/13783/2020disposed of

Rakesh Kumar v. United India Insurance Co. Ltd. And Another

2020-09-08Mrs. Justice Alka Sarin2 pages

YOGESH SHARMA 2020.09.08 22:57 I attest to the accuracy and integrity of this document

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-13783-2020 (O&M) Date of decision : 08.09.2020 Rakesh Kumar ... Petitioner(s)

Versus

United India Insurance Company Ltd. and another ... Respondent(s) CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Arav Gupta, Advocate for the petitioner.

**** ALKA SARIN, J. (ORAL) Heard through video conferencing.

The present writ petition has been filed under Articles 226/227 of the Constitution of India for quashing of the show cause notice dated 24.07.2020 (Annexure P-5).

Learned counsel for the petitioner has contended that the show cause notice has been issued by an Officer falling in Scale V while the appropriate authority for initiating the disciplinary proceedings against the petitioner would be an Officer falling in Scale VI. He has further contended that a representation dated 04.08.2020 (Annexure P-10) has been submitted to respondent No.1/Deputy General Manager, United India Insurance Company Ltd., Regional Office, Chandigarh wherein all these issues including the competency/jurisdiction to issue the show cause notice have been raised, however, no action has been taken so far.

YOGESH SHARMA 2020.09.08 22:57 I attest to the accuracy and integrity of this document CWP-13783-2020 (O&M) -2Learned counsel for the petitioner states that he would be satisfied if a direction is issued to respondent No.1 to decide the representation dated 04.08.2020 (Annexure P-10) in a time bound manner.

Since the writ petition is not being decided on merits, issuance of notice to the respondents is dispensed with. In view of the statement made by the counsel for the petitioner, the present writ petition is disposed off with a direction to respondent No.1 to decide the representation dated 04.08.2020 (Annexure P-10) in accordance with law, as expeditiously as possible preferably within a period of two months from the date of receipt of the certified copy of this order.

Disposed off, accordingly.

08.09.2020 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO