Gurwinder Jit Singh v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 11539 of 2018 Date of decision : 09.05.2018 Gurwinder Jit Singh ....Petitioner V/s State of Punjab & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Dinesh Mahajan, Advocate for the petitioner. RAJAN GUPTA J.

Petitioner has sought a writ in the nature of certiorari for quashing order dated 08.03.2018, Annexure P-1 passed by respondent no. 2 whereby his claim for reinstatement in the service has been rejected. Notice of motion.

On the asking of court, Ms. Ambika Sood, DAG Punjab, who is present in court, accepts notice on behalf of official respondents. Learned counsel for the petitioner contends that petitioner has been acquitted in the case pending against him pursuant to FIR No. 16 dated 26.03.2009 at police station Fatehgarh Churiya, district Gurdaspur. He thereafter, made a representation to the authority to reinstate him in the service. However, same has been rejected by a short and cryptic order. This court finds substance in the plea that the order is cryptic and no reasons are assigned therein. In view of same, impugned order is setaside. Matter is remitted to the same authority for decision afresh after affording an opportunity of hearing to the petitioner. Petition is allowed in these terms.

May 09, 2018 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2018.05.18 15:29 I attest to the accuracy and authenticity of this document