Vijay Kumari v. State Of Punjab & ORS.

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 17926 of 2016 (O&M) Date of Decision: 21.09.2022 Vijay Kumari .......... Petitioner

Versus

State of Punjab and others .......... Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. R.K. Arora, Advocate for the petitioner.

Ms. Lavanya Paul, Deputy Advocate General, Punjab, assisted by Mr. Harpal Singh, DEO (SE), Gurdaspur. **** MAHABIR SINGH SINDHU, J.

Present petition has been filed under Article 226 of the Constitution, inter alia, for quashing the impugned order dated 19.08.2015 (P-18), whereby services of petitioner were terminated; further order dated 27.06.2016 (P-21), declining the appeal appeal filed by petitioner against the above order.

After hearing at length, learned counsel, on instructions from petitioner, submits that her representation dated 11.11.2014 (P-17) submitted in response to Show Cause Notice, had not been considered by both the authorities, while passing the impugned order(s). Therefore she be allowed to withdraw the petition with liberty to avail the remedy of Review under Rule 21 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970.

Dismissed as withdrawn with liberty aforesaid. In case, petitioner take such a recourse within four (04) weeks from today, same shall be considered in accordance with law within next DINESH KUMAR 2022.09.22 09:36 I attest to the accuracy and authenticity of this document

CWP No. 17926 of 2016 (O&M) -2four months by passing reasoned order.

Needless to say that actual service rendered by the petitioner be also taken into consideration, while deciding her Review. Since petitioner has been pursuing present writ petition under bona fide impression and as such, for the purpose of delay, this aspect of matter be also kept in view.

It is clarified that above observations be not construed as an expression of opinion on merits of the controversy in any manner. September 21, 2022 ( MAHABIR SINGH SINDHU ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.09.22 09:36 I attest to the accuracy and authenticity of this document