Hartej Singh v. State Of Punjab And ORS
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,1 >Feeling aggrieved against the alleged continuation of respondent no.5 in service after the superannuation, petitioner has approached this court by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Quo-warranto.
However, during the course of hearing, learned counsel for the petitioner submits that he does not intend to press this petition for a writ in the nature of Quo-warranto, instead he wants to restrict his claim only for a writ of mandamus. Accordingly, he seeks a direction to the Principal Secretary, Local Government Department, Government of Punjab-respondent no.2 for considering and deciding his demand notice dated 1.10.2015 (Annexure P-7) by passing an appropriate order thereon. Having heard learned counsel for the petitioner at some length and without expressing any opinion on the merits of the case, lest it should prejudice the rights of either of the parties, Principal Secretary, Local Government Department, Government of Punjab-respondent no.
2 is directed to look into the matter, consider the grievance raised by the petitioner in his demand notice dated 1.10.2015 (Annexure P-7) and decided the same at an early date, by passing an appropriate order thereon, strictly in accordance with law, but in any case within a period of three months from the date of receipt of certified copy of this order. With the above said observations made and directions issued, present writ petition stands disposed of."
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21. Review - (1) Notwithstanding anything contained in these Rules - (i) the Governor; or (ii) the appellate authority, within six months of the date of the order proposed to be reviewed; or (iii) any other authority, specified in this behalf by the Governor by a general or special orders, and within such time as may be prescribed in such general or special orders:
may at any time, either on his or its own motion or otherwise call for the records of any inquiry and review any order made under these rules or under the rules repealed by Rule 25 from which an appeal is allowed, but from which no appeal has been preferred or from which no appeal is allowed, after consultation with the commission where such consultation is necessary, and may - (a) confirm, modify or set aside the order; or (b) confirm, reduce, enhance or set aside the penalty imposed by the order or impose any penalty where no penalty has been imposed:
or (c) remit the case to authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case: or (d) pass such other orders as it may deem fit: Provided that no order imposing or enhancing any penalty shall be made by any reviewing authority unless the Government employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it
is proposed to impose any of the penalties specified in clauses (v) to (ix) of Rule 5 or to enhance the penalty imposed by the order sought to be reviewed to any of the penalties specified in those clauses no such penalty shall be imposed except after an inquiry in the manner laid down in Rule 8 and except after consultation with Commission, where such consultation is necessary." * #+ % " "
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