Shivraj Singh v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP NO. 20318 of 2022 DATE OF DECISION: 23.11.2022 Shivraj Singh

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR.JUSTICE ARUN MONGA Present :

Mr. P. S. Jammu, Advocate, for the petitioner.

Mr. Pankaj Middha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petition herein, inter alia, is for issuance of a writ in the nature of certiorari for setting aside impugned inquiry report dated 25.06.2020 (Annexure P1) whereby departmental action has been recommended against the petitioner as well as impugned order dated 01.07.2022 (Annexure P-2), vide which his three annual increments with cumulative effect have been stopped. Further prayer has been made to promote the petitioner to the post of Kanungo as the same was postponed on account of departmental enquiry against him. 2.

At the very outset, learned State counsel objects to the maintainability of the instant petition in view of statutory remedy of appeal having not been exhausted as per Rule 9 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016.

3.

Confronted with the said objection, learned counsel for the petitioner seeks to withdraw the present petition with liberty to avail alternative remedy, as may be availed to him under the law.

SHALINI BHATIA 2022.11.24 11:05 I attest to the accuracy and integrity of this document

4.

In the premise, the instant writ petition is dismissed as withdrawn with the aforesaid liberty.

5.

However, it is made clear that on account of pendency of instant writ proceedings before this Court, the appeal shall not be dismissed on the ground of limitation.

NOVEMBER 23, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.11.24 11:05 I attest to the accuracy and integrity of this document