Maninder Singh v. State Of Punjab And Others

CWP No.15608 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.15608 of 2024 (O&M) Date of decision: 11.07.2024 Maninder Singh ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Dr. Rau P.S. Girwar, Advocate with Ms. Archana Arora, Advocate and Mr. Dhruv Kaushik, Advocate for the petitioner. Mr. Rajesh Sehgal, Addl. A.G., Punjab for respondent No.1.

Mr. Ferry Sofat, Advocate for respondents No.2 to 6. NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing respondents No.1 to 6 to consider the claim of the petitioner for promotion to the post of Junior Engineer (Electrical). Further a writ of certiorari has been sought to quash the impugned list dated 15.03.2024 (Annexure P-6) as well as Clause 7(f) of the list dated 15.03.2024 (Annexure P-6), which provides that the controlling/relieving authority(s) are also directed to ensure that the officials promoted are to be relieved after ensuring that no FIR or Charge Sheet is pending against them & that there is nothing which adversely affects the promotion(s) & they may be allowed to join at their new assignment after clearance. Further a writ of mandamus has been sought to direct respondents No.1 to 6 to promote the petitioner by MOHD YAKUB 2024.07.11 18:47 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.15608 of 2024 (O&M) considering the claim of the petitioner along with pecuniary benefits and monetary relief with retrospective effect.

2.

Learned counsel for the petitioner, at the very outset, confines his prayer for deciding legal notice dated 03.06.2024 (Annexure P-8). He submits that at this stage, petitioner would be satisfied, if the said legal notice is decided by passing a speaking order within a time bound frame.

3.

Notice of motion.

4.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of respondent No.1 whereas Mr. Ferry Sofat, Advocate, has accepted notice on behalf of respondents No.2 to 6 and have no objection to the innocuous prayer made by learned counsel for the petitioner.

5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.2 to decide legal notice dated 03.06.2024 (Annexure P-8), submitted by the petitioner expeditiously, by passing a speaking order, preferably within a period of 03 months from the date of receipt of certified copy of this order.

(NAMIT KUMAR) JUDGE 11.07.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.07.11 18:47 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh