Parminder Singh Gill v. State Of Punjab And Others
2023:PHHC:124491-DB 1 LPA No. 751 of 2023
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of Decision: 21.09.2023
Parminder Singh Gill .....Appellant versus State of Punjab and others .....Respondents
State of Punjab and others .....Appellants versus Rakesh Kumar Arora .....Respondent
State of Punjab and others .....Appellants versus Baldev Singh .....Respondent
State of Punjab and others .....Appellants versus Rajinder Chopra .....Respondent
State of Punjab and others .....Appellants versus Parminder Singh Gill .....Respondent
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" $% Present :
Mr. R.K.Kapoor, Addl. Advocate General, Punjab, for the appellant5State of Punjab in LPA Nos. 868, 870, 872 and 87452023.
Mr. Randeep Singh Waraich, Advocate, for the appellant in LPA No. 75152023.
Mr. Sapan Dhir, Advocate and Mr. Amit Sharma, Advocate, for the respondents in LPA Nos. 868, 870 and 872 of 2023.
Mr. D.S.Patwalia, Senior Advocate with Mr. Gaurav Rana, Advocate, for the respondent5writ petitioner in LPA No. 87452023.
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2023:PHHC:124491-DB 2 LPA No. 751 of 2023 !" #
&'()* All these appeals have been filed by the appellants, original petitioner as well as the State of Punjab, against the impugned order dated 17.05.2023 passed by the learned Single Judge, whereby the writ petitions filed by the petitioners, who had challenged the orders of punishment, have been disposed of with directions.
2.
The only issue raised in the present appeals is the correctness of the direction issued by the learned Single Judge in paragraph-24 of the impugned order wherein it has been directed that the petitioners through their counsel are directed to appear before the Minister-in-Charge on 24.05.2023 at 11.00 A.M. for hearing.
3.
Learned Additional Advocate General appearing for the State of Punjab submits that there is no provision in the Punjab Civil Services (Punishment & Appeal) Rules, 1970, for giving a detailed hearing at this stage before the Minister-in-Charge. He, however, fairly concedes that the State is not aggrieved as far as the direction issued in para-25 of the impugned order passed by the learned Single Judge is concerned, whereby it has been directed that the Minister-in-Charge would take up the matter in terms thereof and take a call on the issues as stated therein within two weeks from today.
4.
Learned senior counsel appearing for the original-writ petitioner, on the strength of a caveat, submits that the main issue involved in the petitions was regarding the fact that the authorities had passed the order of termination of the services of the writ-petitioners, without assigning any reasons, only on the basis of the noting and direction made by the Minister-in-Charge, who is not the competent authority under the Service
2023:PHHC:124491-DB 3 LPA No. 751 of 2023 Rules. He submits that the learned Single Judge has now remitted the matter to the Minister-in-Charge to initially decide the issue of competence and desirability of passing the order by the Minister-in-Charge at the first instance, while assuming the role of disciplinary authority keeping in mind the objection of the writ petitioners and only thereafter proceed with the matter in accordance with law. He submits that in such circumstances as the learned Additional Advocate General, Punjab, has not raised any objection in this appeal against the direction contained in para-25 of the impugned order, the present appeals may be disposed of in terms of the direction contained in para-25 of the impugned order without adverting to any other issues on merits, to decide the issue of the competence of the Minister-in-Charge or the Disciplinary Authority, as the case may be, for taking a final decision in the disciplinary proceedings. 5.
Learned Single Judge in the impugned order has passed the following directions in para Nos. 24, 25 and 26 which are as follow:- "
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2023:PHHC:124491-DB 4 LPA No. 751 of 2023 ) (
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Having heard learned counsel for the parties and in view of the undertaking and the statements made before this Court, we clarify that without complying with the directions contained in para-24, the respondents shall comply with the direction issued in para-25 of the impugned order and accordingly the Minister-in-Charge would take up the matter as directed and first take a call, as to whether the matter can be considered or decided by the Minister-in-Charge or whether it has to be decided by the Disciplinary Authority, keeping in mind the provisions of the Punjab Civil Services (Punishment & Appeal) Rules, 1970 and Rule 18 of the Rules of Business of the Government of Punjab, 1992.
In other words, whether the Minister-inCharge could have taken up the matter at the stage of submitting the enquiry report and assuming the role of the disciplinary authority, pass orders of punishment or otherwise direct the disciplinary authority to simply pass orders of punishment without assigning any reasons thereby taking away the discretion vested in the disciplinary authority to either punish or exonerate and if punish, the minor or major punishment to be imposed and to assign reasons while doing so keeping in view the provisions of the Punjab Civil Services (Punishment & Appeal) Rules, 1970, which would materially be effected in case the Minister-in-Charge steps into the shoes of the Disciplinary Authority or steps in between and directs the authority to pass a particular order.
2023:PHHC:124491-DB 5 LPA No. 751 of 2023 thereafter proceed with the matter in accordance with the procedure prescribed by law.
7.
With these observations, all the appeals stand disposed of. Pending applications, if any, also stand disposed of. (RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 21.09.2023 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√