Madan Mohan Gupta v. State Of Punjab And Others

In the High Court of Punjab and Haryana, at Chandigarh Date of Decision: 23.01.2023 Madan Mohan Gupta ... Petitioner(s)

Versus

The State of Punjab and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Ankit Midha, Advocate for the petitioner(s) (In CWP-17652-2022, CWP-17951-2022, CWP-18106-2022, CWP-18761-2022, CWP-18814-2022, CWP-18793-2022, CWP-18998-2022, CWP-19023-2022, CWP-19173-2022, CWP-19224-2022, CWP-19250-2022, CWP-19283-2022, CWP-21543-2022, CWP-21606-2022, CWP-22560-2022, CWP-22563-2022, CWP-22594-2022, CWP-22629-2022, CWP-22924-2022 and CWP-24003-2022). Mr. Amarjit Singh Bedi, Advocate for the petitioner(s) (In CWP-20336-2022, CWP-20870-2022, CWP-21133-2022, CWP-21255-2022, CWP-21613-2022, CWP-27824-2022).

Mr. Jatinder Pal Singh, Advocate for the petitioner(s) (In CWP-19190-2022 and CWP-261342022) Mr. R.S.Pandher, Deputy Advocate General, Punjab, for the respondents.

Anil Kshetarpal, J.

1.

This is a batch of 28 identical writ petitions. By this common order, all the writ petitions (details whereof are at the foot of the judgment) shall stand disposed of.

2.

On 12.01.2023, the following order was passed:-

"Learned counsels representing the petitioners submit that the identical issue is involved in large number of cases. They contend that as per Rule 2.2 (b) of the Punjab Civil Services Rules, Volume II, the employer is not entitled to issue the charge-sheet to a retired employee with respect to an event which took place more than 4 years before the issuance of the charge-sheet.

Learned State counsel prays for some time to get complete instructions before assisting the Court. List on 23.01.2023, in the urgent list.

The office is directed to list all the aforementioned cases in the urgent list at one serial number.

A photocopy of this order be placed on the files of the other connected cases."

3.

In the Civil Writ Petition No. 20870 of 2022 ("Amarjit Singh v. State of Punjab and Another"), a short affidavit of the Chief Engineer, Headquarter and Dispute Resolution, Department of Water Resources, Chandigarh, has been filed on behalf of the respondent No.1 and 2. The said affidavit is taken on record. It has been stated therein that in view of the provisions contained in the Punjab Civil Services Rules, Volume-II, the competent authority has decided not to go ahead with the disciplinary proceedings initiated against the petitioner vide charge sheet dated 30.05.2022.

4.

Mr. R.S.Pandher, Deputy Advocate General, Punjab, on the instructions from Mr. Tarandeep Singh, Law Officer (Irrigation Department),

submits that this decision is applicable to all the writ petitioners in this batch.

5.

Keeping in view the aforesaid facts, all the writ petitions are dismissed as having been rendered infructuous. (Anil Kshetarpal) Judge January 23, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No Sr. No.

Case No.

Party's Name 1.

CWP-17951-2022 NARESH GOYAL V/S STATE OF PUNJAB AND OTHERS 2.

CWP-18106-2022 SATISH KUMAR V/S STATE OF PUNJAB AND OTHERS 3.

CWP-18761-2022 GULSHAN RAI NAGPAL V/S STATE OF PUNJAB AND OTHERS 4.

CWP-18814-2022 VIJAY KUMAR MITTAL V/S THE STATE OF PUNJAB AND OTHERS 5.

CWP-18793-2022 GURWARIAM SINGH SANDHU V/S STATE OF PUNJAB AND OTHERS 6.

CWP-18998-2022 CHANDER SHEKHAR GARG V/S STATE OF PUNJAB AND OTHERS 7.

CWP-19023-2022 AMARJEET GUPTA V/S STATE OF PUNJAB AND OTHERS 8.

CWP-19173-2022 RADHEY SHYAM AHUJA V/S STATE OF PUNJAB AND OTHERS 9.

CWP-19190-2022 SOHAN LAL SIDHU V/S STATE OF PUNJAB AND ANOTHER 10.

CWP-19224-2022 BRISH BHAN V/S THE STATE OF PUNJAB AND OTHERS 11.

CWP-19250-2022 PARAMJIT SINGH GHUMAN V/S STATE OF PUNJAB AND OTHERS 12.

CWP-19283-2022 BAJRANG LAL SINGLA V/S STATE OF PUNJAB AND OTHERS 13.

CWP-20336-2022 BALJINDER SINGH V/S STATE OF PUNJAB AND Another 14.

CWP-20870-2022 AMARJEET SINGH V/S STATE OF PUNJAB AND ANR 15.

CWP-21133-2022 AMARJIT SINGH SANDHU V/S STATE OF PUNJAB AND ANOTHER 16.

CWP-21255-2022 RAMESH KUMAR SACHDEVA V/S STATE OF PUNJAB AND ANOTHER 17.

CWP-21543-2022 RAGHBIR SINGH V/S STATE OF PUNJAB AND OTHERS 18.

CWP-21606-2022 DALBIR SINGH DHALIWAL V/S STATE OF PUNJAB AND OTHERS

Sr. No.

Case No.

Party's Name 19.

CWP-21613-2022 JAGJIT SINGH V/S STATE OF PUNJAB AND OTHERS 20.

CWP-22560-2022 VINOD CHAUDHARY V/S STATE OF PUNJAB AND OTHERS 21.

CWP-22563-2022 GURMEL SINGH V/S STATE OF PUNJAB AND OTHERS 22.

CWP-22594-2022 HARSH KUMAR MAHAJAN V/S STATE OF PUNJAB AND OTHERS 23.

CWP-22629-2022 ROSHAN LAL MITTAL @ RL MITTAL V/S STATE OF PUNJAB AND OTHERS 24.

CWP-22924-2022 K C BHAGAT @ KISHAN CHAND V/S STATE OF PUNJAB AND OTHERS 25.

CWP-24003-2022 JASINDER SINGH BHANDARI V/S STATE OF PUNJAB AND OTHERS 26.

CWP-26134-2022 MUKESH KUMAR V/S STATE OF PUNJAB AND ANOTHER 27.

CWP-27824-2022 VARINDER KUMAR V/S STATE OF PUNJAB AND OTHERS (Anil Kshetarpal) Judge January 23, 2023 "DK"