C. Chandra Kumar v. Union Of India And ORS

CWP-26639 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CWP-26639 of 2018.

Decided on: October 16, 2018.

C.Chandra Kumar .. Petitioner

VERSUS

Union of India and others .. Respondents * * *

CORAM:

HON'BLE MR.JUSTICE JASWANT SINGH * * * PRESENT Mr.Sunil Kumar, Advocate, for the petitioner.

JASWANT SINGH, J. (ORAL) The petitioner is stated to be serving as a Junior Engineer (Civil) with CRPF and is stated to be posted in Jammu and Kashmir. It is stated that he had an altercation with Sh.Ram Paul Bangar, Superintending Engineer (Civil), Commander, at his place of posting in October 2017. It is claimed that the Chief Engineer/Disciplinary Authority vide memo dated 8.5.2018 (Annexure P5), has decided to hold an inquiry against the petitioner under Rule 14 of the Central Civil Service (Classification, Control and Appeal) Rules, 1965, whereas, no action has been initiated against the Commander. Reliance is being placed on Rule 18 of the aforesaid 1965 Rules, for seeking a writ in the nature of mandamus RAJ KUMAR ARORA 2018.10.17 13:56 I attest to the accuracy and integrity of this document

CWP-26639 of 2018 for holding a joint inquiry.

A bare reading of the rule reveals that joint proceedings are only required in case disciplinary proceedings in respect of both the employees are initiated and not that a direction is required to be issued to initiate disciplinary inquiry against other alleged delinquent person. Thus, the reliance is totally misconceived.

After arguing for some time and having failed to convince the Court, counsel for the petitioner seeks permission to withdraw the present petition to enable the petitioner to seeks his remedy in accordance with law.

Dismissed as withdrawn accordingly.

(JASWANT SINGH) JUDGE October 16, 2018.

raj arora Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2018.10.17 13:56 I attest to the accuracy and integrity of this document