Gursewak Singh And Another v. State Of Punjab And Others

CWP-26143-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-26143-2025 (O&M) Date of decision: 04.09.2025 Gursewak Singh and another ....Petitioners

Versus

The State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. P.S. Miglani, Advocate for the petitioners.

Mr. T.P.S. Walia, AAG, Punjab.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the impugned order dated 01.12.2021 (Annexure P-1) passed by respondent No.3, vide which the petitioners have been blacklisted from the duty on the ground that poppy husk has been recovered from the Bus. Further a writ of mandamus has been sought, directing the respondents No.2 and 3 to reinstate the petitioners in service alongwith all service benefits.

2.

Learned counsel for the petitioners submits that he would be satisfied if the legal notice dated 08.07.2025 (Annexure P-6) of the petitioners is decided by respondent No.2 by passing a speaking order in a time bound manner.

MOHD YAKUB 2025.09.04 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP-26143-2025 3.

Learned State counsel, appearing on advance notice, submits that he has no objection, in case a direction is issued to the respondent No.2 for time-bound consideration and decision of the legal notice dated 08.07.2025 of the petitioners by passing a speaking order. 4.

Therefore, in view of the limited prayer made by learned counsel for the petitioners, the respondent No.2 is directed to consider the legal notice dated 08.07.2025 (Annexure P-6) of the petitioners and pass a speaking order, after affording an opportunity of hearing to the petitioners, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioners. Needless to say, if the petitioners are found entitled to the relief sought, the same shall be granted forthwith by respondent No.2.

5.

Disposed of, accordingly.

(HARPREET SINGH BRAR) JUDGE 04.09.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2025.09.04 17:41 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh