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High Court of Punjab and HaryanaCWP/27237/2016disposed of

Baljeet v. State Of Haryana & ORS.

2020-03-03Mrs. Justice Raj Rahul Garg2 pages

CWP No. 27237-2016

IN THE HIGH COURT OF PUNJAB ANDHARYANA AT

CHANDIGARH CWP No. 27237-2016 Date of decision:-03.03.2020 Baljeet .....Petitioner vs.

State of Haryana and ors.

....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Saurabh Arora, Advocate as legal aid counsel Mr. Harish Nain, AAG, Haryana RITU BAHRI, J.(Oral) Petitioner is seeking quashing of order dated 13.07.2016 (P-13) vide which two annual increments without cumulative effect have been ordered to be forfeited and the suspension period from 29.09.2014 to 31.05.2015 has been ordered to be treated as 'Leave of kind due'. The petitioner is a blind person, who was posted as Peon in the Department of Employment, Gurgaon, against whom departmental proceedings were initiated and punishment imposed for leaving station without permission and three additional charges were framed against him. His ACRs for the period in dispute were ruined. Before enquiry proceedings were instituted, he was put under suspension. His station during suspension was fixed at Karnal.

The enquiry was held in Gurgaon and he was expected to defend himself by travelling from Karnal to Gurgaon where he missed three dates before the enquiry officer being unable to travel. He has filed an appeal against the punishment order, which is still pending. The punishment imposed on the petitioner is withholding of two increments without GAURAV ARORA 2020.03.06 11:54 I attest to the accuracy and integrity of this document Chandigarh cumulative effect and treating the period of suspension as leave of kind due.

CWP No. 27237-2016 At the very outset, learned State counsel has informed the Court that the petitioner has filed appeal against the impugned order dated 13.07.2016 and the said appeal was dismissed on 20.02.2017 (R-2) by giving opportunity of hearing to the petitioner. Thus, the petitioner has fresh cause of action.

In view of the above, no further orders are required to be passed in the present petition.

Disposed of.

(RITU BAHRI) 03.03.2020 JUDGE G Arora Whether speaking/reasoned :

Yes Whether reportable :

No GAURAV ARORA 2020.03.06 11:54 I attest to the accuracy and integrity of this document Chandigarh