Gursharanjit Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 2023:PHHC:081705 CWP-13248-2023 Date of Decision: 07.06.2023 Gursharanjit Singh . . . . Petitioner Vs.

State of Punjab and others . . . . Respondents **** CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH ****

Present

Mr. Manpreet Singh Dua, Advocate for the petitioner.

**** SANJAY VASHISTH, J.(Oral) 1.

Petitioner-Gursharanjit Singh, who is posted as constable working in the Punjab Police has filed the instant petition for seeking quashing of the impugned notice No.9438/Establishment-5 dated 30.05.2023 (Annexure P-1) issued by respondent No.3 i.e. Additional Director General of Police, Intelligence, Punjab, Punjab Police Head Quarter (Intelligence), Sohana, SAS Nagar, Mohali.

2.

Counsel submits that the impugned show cause notice dated 30.05.2023, vide which the petitioner has been afforded 10 days time to respond, is only a formality because the mind/decision of the respondents is reflected from the said notice in paragraph 3 itself which says as under: "3.Being a member of a disciplinary force, finding such allegation against you is violation of Employee Code of Conduct, which is reprehensible and punishable." 3.

Thus, counsel submits that from such show cause notice, defence of the petitioner gets prejudiced.

JAWALA RAM 2023.06.07 19:47 I attest to the accuracy and integrity of this document

CWP-13248-2023 -22023:PHHC:081705 4.

Without making any comment over the submission made by the counsel for the petitioner or on the clause/para of the impugned show cause notice, present petition is disposed of with the direction to respondent No.3 to consider his defence, if any, submitted by him within the stipulated time (including the extended period, if any) and then to consider the same before taking any decision.

5.

With the aforementioned observation, present petition is disposed of.

(SANJAY VASHISTH) JUDGE June 07, 2023 mohit

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No JAWALA RAM 2023.06.07 19:47 I attest to the accuracy and integrity of this document