Resham Singh v. State Of Punjab And Others




IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.15132 of 2022 Date of decision : 18.05.2023 Resham Singh ....Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. J.S. Dhaliwal, Advocate for the petitioner.

Mr. Aman Dhir, DAG, Punjab.

PANKAJ JAIN, J. (ORAL) By way of present writ petition filed under Article 226/227 of the Constitution of India, the petitioner has impugned order dated 6th of September, 2021 (Annexure P-5) whereby the claim of the petitioner stands rejected.

2.

At the outset Mr. Dhir submits that in light of the fact that the dismissal of the petitioner already stands annulled in the previous round of litigation, order (Annexure P-5) having been passed partially on the wrong premise cannot be sustained. However he prays for liberty to pass a fresh order.

3.

Mr. Dhaliwal is not opposed to the aforesaid request. 4.

In view of the above, the present writ petition is allowed to the extent that order (Annexure P-5) is hereby set aside. However, liberty is granted to the respondents to decide the claim of the petitioner afresh DEEPAK KUMAR 2023.05.19 17:38 I attest to the accuracy and integrity of this document

CWP No.15132 of 2022 -22023:PHHC:072682 in accordance with law within a period of four weeks from the date of receipt of certified copy of this order.

5.

In case, the claim of the petitioner merits acceptance consequential relief will be awarded to him within a further period of four weeks thereafter. However, in case the authority opines that the claim of the petitioner sans merit the same will be adjudicated by passing a speaking order that too after affording opportunity of personal hearing to the petitioner within the timeframe stipulated hereinabove. May 18, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2023.05.19 17:38 I attest to the accuracy and integrity of this document