Laxman Chowkidar v. The High Court Of Punjab And Haryana At Chandigarh Through Its Registrar General

CWP-32825-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-32825-2024 (O&M) Date of decision : 05.12.2024 Laxman Chowkidar

...Petitioner(s)

Versus

The High Court of Punjab and Haryana

...Respondent(s)

and another CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Rajesh Tushar, Advocate for the petitioner. MAHABIR SINGH SINDHU, J.

Present writ petition has been filed under Article 226 of the Constitution, inter alia, for quashing of the order impugned dated 22.08.2023 (P-7), passed by learned Administrative Judge in Service Appeal No.07/2020 (P-8).

2.

It transpires that service appeal of the petitioner was partly accepted by learned Administrative Judge and punishment of dismissal from service was set aside in the following terms:- "10.

Accordingly, the service appeal preferred by the appellant is partly accepted. Since, it appears that the above principle of proportionality (supra) has not been adhered to by the learned disciplinary authority concerned, in the later imposing upon the appellant an extremely harsh and onerous punishment of dismissal from service. Therefore, I deem it appropriate to reinstate the appellant-official in service with immediate effect and the punishment of dismissal from service awarded by the District & Sessions Judge, ATUL SETHI 2024.12.05 18:17 I attest to the accuracy and integrity of this document

CWP-32825-2024 Faridabad is, hereby, altered to a punishment of stoppage of four increment(s) with cumulative effect. It is also made clear that the appellant-official shall not be entitled for any monetary benefits for the period he remained out of service. However, the appellant, for the purpose of pensionary benefits, would be entitled to continuity of service."

3.

In view of the serious allegations levelled against the petitioner, this Court was not inclined to entertain the petition. 4.

Faced with the above predicament, learned counsel for the petitioner, on instructions, submits that present petition be disposed off as not pressed.

5.

Ordered accordingly.

Pending application(s), if any, shall also stand disposed off. 05.12.2024 (MAHABIR SINGH SINDHU) atulsethi JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No ATUL SETHI 2024.12.05 18:17 I attest to the accuracy and integrity of this document