Anil Vij v. Punjab Vidhan Sabha Secretariat, Chd And ORS

115A 2023:PHHC:076311 In the High Court of Punjab and Haryana, at Chandigarh 1.

Civil Writ Petition No. 28452 of 2018 (O&M) Anil Vij ... Petitioner(s)

Versus

Punjab Vidhan Sabha Secretariat, Chandigarh and Others ... Respondent(s) AND 2.

Civil Writ Petition No. 22339 of 2019 Anil Vij ... Petitioner(s)

Versus

Punjab Vidhan Sabha Secretariat, Chandigarh and Others ... Respondent(s) DATE OF DECISION: 25.05.2023 CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Krishan Singh Dadwal, Advocate for the petitioner(s).

Mr. Vikas Mohan Gupta, Additional Advocate General, Punjab, for the respondent No.1 and 2 (In CWP-28452-2018 and CWP-22339-2019).

Mr. D.V.Sharma, Senior Advocate with Ms. Sunder Kumari, Advocate for the respondent No.3 (In CWP-28452-2018).

Anil Kshetarpal, J.

1.

The petitioner, in both the writ petitions, assails the correctness of the recovery notice and the charge sheet. The recovery notice is with regard to the payment made to the petitioner for visiting Pakistan in the DEEPAK KUMAR BHARDWAJ 2023.05.29 10:50 I attest to the accuracy and integrity of this document company of the Hon'ble Speaker, Punjab Vidhan Sabha.

2023:PHHC:076311 Civil Writ Petition No. 28452 of 2018 (O&M) And Civil Writ Petition No. 22339 of 2019 2.

The learned counsel representing the petitioner contends that the fresh departmental proceedings cannot be initiated particularly when the earlier departmental enquiry has already been held. 3.

After arguing at some length, the learned counsel representing the petitioner after taking instructions from the petitioner submits that these two writ petitions be disposed of with permission to the petitioner to represent the disciplinary authority in this regard and solicit orders thereon. 4.

The learned State counsel has no objection to the aforesaid proposal of the learned counsel representing the petitioner. 5.

Keeping in view the aforesaid facts, both the writ petitions are disposed of with the liberty to the petitioner to file an appropriate application before the disciplinary authority within a period of the next ten days which shall be decided within a period of one month thereafter, by the disciplinary authority. Till then, no coercive steps shall be taken against the petitioner. 6.

The miscellaneous application(s) pending, if any, in both the writ petitions shall stand disposed of.

(Anil Kshetarpal) Judge May 25, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.05.29 10:50 I attest to the accuracy and integrity of this document