High Court of Punjab and HaryanaCWP/19131/2018disposed of

Ram Dia v. State Of Haryana And ORS

2019-01-11Mr. Justice A.B. Chaudhari2 pages

CWP No. 19131-2018

IN THE HIGH COURT OF PUNJAB ANDHARYANA AT

CHANDIGARH CWP No. 19131-2018 Date of decision:-11.01.2019 RAM DIA .....Petitioners vs.

STATE OF HARYANA AND OTHERS ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. S.K.Nehra, Advocate for the petitioner.

Mr. Kirat Pal Singh, AAG, Haryana Mr. R.K. Sheoran, Advocate foir respondent Nos. 2 and 3.

RITU BAHRI, J.(Oral) The present petition is against charge sheet dated 16.05.2018 (P-8) and suspension order dated 24.07.2018 (P-11) The grievance of the petitioner is that initially a complaint was given against him on 10.01.2018 from one Gultan Singh who proclaimed himself to be the District President of Bhartiya Kisan Union, Kaithal depsite favourable comments in his favour by the Managing Director Sh. Sushil Kumar on 12.01.2018, he was suspended on 19.02.2018 and the Managing Director was also transferred on the same date to Ambala. Petitioner was reinstated in service on the report given by Inquiry Officer on 29.03.2018. The petitioner was again suspended on 20.04.2018 on the ground that he gave wrong advise to Cane Manager and he was reinstated on 19.07.2018. Thereafter on 24.07.2018, he was again suspended and third suspension order is within a period of 6 months depsite the fact that he had Gaurav Arora 2019.02.14 11:31 I attest to the accuracy and integrity of this document Chandigarh favourable comments in his favour. He alleges that the third suspension

CWP No. 19131-2018 order within a period of 6 months, is on account of bias against him. On notice, a reply has been filed by respondent Nos. 2 and 3, it is no where stated that what disciplinary steps have been taken against Cane Manager with regard to suspension on 24.07.2018. On a specific query put up by this Court as to whether any charge sheet has been issued to Cane Manager, learned counsel for the petitioner states that no charge sheet has been issued till date. Since no charge sheet has been issued to Cane Manager and 90 days have already been expired, this petition is being disposed of by giving direction to the respondents to reinstate the petitioner and thereafter, proceed in accordance with law.

(RITU BAHRI) 11.01.2019 JUDGE G Arora Whether speaking/reasoned :

Yes Whether reportable :

No Gaurav Arora 2019.02.14 11:31 I attest to the accuracy and integrity of this document Chandigarh