High Court of Punjab and HaryanaCWP/20770/2021allowed

Pankaj Kaundal And Others v. Chandigarh Institute Of Hotel Management And Catering Technology And Another

2024-10-23Mr. Justice Jagmohan Bansal2 pages

CWP-20770-2021

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-20770-2021 Date of Decision : 23.10.2024 PANKAJ KAUNDAL AND OTHERS .... PETITIONERS V/S CHANDIGARH INSTITUTE OF HOTEL MANAGEMENT AND CATERING TECHNOLOGY, CHANDIGARH AND ANOTHER .... RESPONDENTS CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :- Ms. Asha Singh, Advocate for Mr. B.S.Jawal, Advocate for the applicants/petitioners.

Mr. Sumeet Jain, Advocate for the respondents-U. T. Chandigarh.

**** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of communications dated 26.08.2021 (Annexures P-22 to P-26). 2.

Counsel for the petitioners, at the outset, submits that issue involved herein is no more res-integra and is squarely covered by Division Bench judgment dated 26.10.2018 of this Court in CWP No.6391 of 2016 titled as "Dr. Vishavdeep Singh and others vs. State of Punjab and others" as well as in CWP No.17064 of 2017 titled as "Ajay Kumar Singla and others vs. State of Punjab and others". Anju Goel 2024.10.24 09:47 I attest to the accuracy and integrity of this document Chandigarh

CWP-20770-2021 3.

Mr. Jain submits that State of Punjab has filed SLP against judgments of this Court and Supreme Court has issued notice of motion. The Court has further stayed contempt proceedings. 4.

On being confronted with order dated 16.10.2024 passed by this Court considering afore-cited judgments as well as interim order passed by Supreme Court, Mr. Jain expressed his inability to controvert the applicability of said order to the instant case. 5.

The petition deserves to be allowed and accordingly allowed. The impugned communications dated 26.08.2021 are hereby set aside. (JAGMOHAN BANSAL) JUDGE 23.10.2024 anju Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2024.10.24 09:47 I attest to the accuracy and integrity of this document Chandigarh