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High Court of Punjab and HaryanaCWP/21832/2020disposed of

Sultan Singh v. State Of Haryana And Another

2021-03-26Mr. Justice Anil Kshetarpal2 pages

In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 21832 of 2020 Date of Decision: 26.03.2021 Sultan Singh ... Petitioner(s)

Versus

State of Haryana and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Jasdeep Singh Toor, Advocate for the petitioner.

Mr. Baldev Raj Mahajan, Advocate General, Haryana with Mr. Hitesh Pandit, Additional Advocate General, Haryana, for the respondents.

Anil Kshetarpal, J.

It is undisputed that against the impugned order, awarding punishment of reversion to the petitioner, an appeal under Rule 9 of the Haryana Civil Services (Punishment & Appeal) Rules, 2016 is maintainable. Learned counsel for the petitioner contends that the appeal will not be decided as all the officers of the Government are against the petitioner. He further contends that the proceedings before the disciplinary authority was farce because no witness or even the complainant himself has been examined.

On the other hand, learned Advocate General, Haryana, submits that the petitioner did not deny the charges. Be that as it may. This Bench does not wish to examine the correctness of these arguments.

In the considered view of this Court, once the statutory remedy DEEPAK KUMAR BHARDWAJ 2021.03.31 17:14 I attest to the accuracy and integrity of this document

Civil Writ Petition No. 21832 of 2020 of appeal is available, the petitioner is required to be relegated to the aforesaid remedy. As regards his apprehension that the appeal will not be decided, it is directed that the appeal will be decided within a period of two months from the date of its filing. Learned counsel representing the petitioner submits that the appeal will be filed within a period of one week from today. If it is so filed, the same shall not be dismissed on the ground of delay.

With the observations made above, the writ petition is disposed of.

(Anil Kshetarpal) Judge March 26, 2021 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2021.03.31 17:14 I attest to the accuracy and integrity of this document