Balwant Kumar v. State Of Punjab & ORS.

2024:PHHC:015578

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Sr. No.223 CWP-1551-2017 Date of decision : 05.02.2024 Balwant Kumar ..... Petitioner

VERSUS

State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Vijay Pal, Advocate, for the petitioner.

Mr. D.K. Singal, Addl. AG, Punjab.

***** AMAN CHAUDHARY, J. (Oral) 1.

The prayer in the present Civil Writ Petition under Articles 226/227 of the Constitution of India, is for the issuance of a writ in the nature of certiorari to quash the enquiry report dated 13.02.2013, Annexure P-3, orders dated 21.12.2015, Annexure P-7 and 18.04.2016, Annexure P-9. 2.

Learned counsel for the petitioner submits that impugned order 18.04.2016, Annexure P-9, passed by the appellate authority does not assign any reason, despite the fact of specific grounds having been taken in the appeal, assailing the order of the disciplinary authority. Reliance has been placed on Chairman, Disciplinary Authority, Rani Lakshmi Bai KGB vs. Jagdish Sharan Varshney, 2009 (4) SCC 240.

3.

Learned State counsel being unable to controvert the above, submits that liberty be granted to the appellate authority to pass a fresh order. 4.

The order dated 18.04.2016 being cryptic, is hereby set aside, leaving it to the appellate authority to pass an order afresh, dealing with the pleas raised in the appeal, within a period of eight weeks, in accordance with law. Ramandeep Singh 2024.02.12 19:11 I attest to the accuracy and integrity of this document

5.

Disposed of accordingly.

(AMAN CHAUDHARY) JUDGE 05.02.2024 Ramandeep Singh Whether speaking / reasoned Yes/No Whether Reportable Yes/No Ramandeep Singh 2024.02.12 19:11 I attest to the accuracy and integrity of this document