High Court of Punjab and HaryanaCWP/1258/2016dismissed

Jai Singh v. State Of Haryanaand ORS.

2016-01-21Mrs. Justice Raj Rahul Garg2 pages

CWP No. 1258 of 2016 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 1258 of 2016 Date of decision : 21.01.2016 Jai Singh ....Petitioner versus State of Haryana and others ..Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Varun Gupta, Advocate for the petitioner.

**** RITU BAHRI , J.

Petitioner has approached this Court by way of instant writ petition filed under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing orders dated 01.10.2003, 09.02.2005 and letter dated 04.01.2013 (Annexure P-2 to P4) respectively Petitioner was working as Driver in the Haryana Roadways and on 02.03.2000 when he was driving a vehicle No. HR-38-6858 on the route of Delhi-Rohtak Road, a lady was fallen down while getting down from the bus and she died after two days of the incident. The petitioner was charge sheeted vide order dated 07.07.2000 and an enquiry was marked to the SPO, who submitted his report that the petitioner was negligent at that time. The petitioner was given GAURAV ARORA 2016.02.16 15:44 I attest to the accuracy and integrity of this document

CWP No. 1258 of 2016 -2punishment of stoppage of two increments with cumulative effect, vide order dated 01.10.2003, which was challenged by the petitioner by filing an appeal, which was also dismissed on 09.02.2005. A second appeal was filed by the petitioner, which was also dismissed on 04.01.2003, being time barred.

A bare perusal of impugned order shows that the petitioner was found guilty on 02.03.2000 and he was charged by the respondents vide order dated 07.07.2000 and was given punishment on the report of Enquiry Officer on 01.10.2003, which was challenged by him by filing an appeal, which was dismissed on 09.02.2005 (P-3) and the second appeal filed by the petitioner was also dismissed on 04.01.2013 being after after a gap of more than 05 years of passing of impugned orders. The present writ petition has been filed on 19.01.2016 after a gap of almost 03 years of of passing the impugned order dated 04.01.2013. Thus there is an inordinate delay in filing the present writ petition as well, which learned counsel for the petitioner could not explain while arguing the case.

No ground is made out to quash impugned orders. The writ petition is dismissed, being devoid of any merit. (RITU BAHRI) JUDGE 21.01.2016 G Arora GAURAV ARORA 2016.02.16 15:44 I attest to the accuracy and integrity of this document