Ishwar Singh v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.15515 of 2015 Date of decision: 31.07.2015.

Ishwar Singh ..Petitioner

Versus

State of Haryana and others ..Respondents

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

1. Whether reporters of local newspapers may be allowed to see judgment? Yes/No

2. To be referred to reporters or not? Yes/No

3. Whether the judgment should be reported in the Digest? Yes/No

Present:

Mr. R.S. Kundu, Advocate for the petitioner.

Daya Chaudhary, J. (Oral) The present writ petition has been filed for issuance of a writ in the nature of certiorari for setting-aside the show cause notice dated 02.03.2015 (Annexure P-2) as well as memorandum dated 14.07.2015 (Annexure P-5) on the ground that in the show cause notice, even the roll number of the petitioner was not correct and same has been passed in a stereotype manner without any application of mind.

Learned counsel for the petitioner submits that in the show cause notice, not only the roll number is incorrect but father's name is also different. In response to show cause notice, the petitioner has submitted his reply but the same has not been considered. Learned NEETU RANI 2015.08.05 12:12 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.15515 of 2015 counsel also submits that in CWP No.4729 of 2015 and other connected cases, show cause notices were quashed vide order dated 13.05.2015.

Notice of motion.

On the asking of the Court, notice on behalf of the State has been accepted by Mr. Harish Rathee, Sr. D.A.G., Haryana. On perusal of documents on the file, the mistake is apparent with regard to roll number and father's name still reply filed by the petitioner has not been considered.

In other connected matters, show cause notices have already been quashed by this Court. Hence, the impugned show cause notice deserves to be quashed.

Accordingly, the present writ petition is allowed in terms of judgment passed in CWP No.4729 of 2015 and the impugned show cause notice dated 02.03.2015 (Annexure P-2) as well as memorandum dated 14.07.2015 (Annexure P-5) are quashed. The respondents are directed to pass order afresh after taking into consideration the reply of the show cause notice. 31.07.2015 (DAYA CHAUDHARY) neetu JUDGE NEETU RANI 2015.08.05 12:12 I attest to the accuracy and authenticity of this document Chandigarh