Kulwinder Singh v. The State Of Haryana

CWP-34681-2024 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-34681-2024 (O&M) Date of Decision: 19.12.2024 Kulwinder Singh ....Petitioner

Versus

The State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Dhruv Gupta, Advocate for the petitioner.

*** HARSH BUNGER, J. (Oral) The instant writ petition has been filed under Article 226 of the Constitution of India inter alia seeking a writ in the nature of Certiorari for setting aside the order dated 19.11.2024 (Annexure P-1), passed by respondent No.3-Deputy Commissioner, Ambala.

2.

At the outset, learned counsel for the petitioner submits that as regards the petitioner's suspension is concerned, he has a remedy of appeal under Section 51 (5) of the Haryana Panchayati Raj Act, 1994. Accordingly, he submits that he may be permitted to withdraw the instant writ petition with liberty to the petitioner to avail his remedy against the suspension order.

3.

Ordered accordingly.

4.

Learned counsel for the petitioner further submits that although a regular enquiry has already been marked by the Deputy Commissioner, HIMANI GUPTA 2024.12.20 15:32 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

CWP-34681-2024 (O&M) -2Ambala and the same has been entrusted to the Chief Executive Officer of Zila Parishad, Ambala, however the petitioner has not been associated with the said enquiry so far.

5.

On advance service of copy of petition(s), Ms. Upasana Dhawan, AAG, Haryana appears on behalf of the respondent-State and has disputed the said fact, however, she submits that in any case the enquiry envisaged under Section 51 of the 1994 Act has to be in the nature of a regular enquiry in terms of the judgment rendered by Division Bench of this Court in the case of "Suman vs. State of Haryana and others (DB), 2024

(3) RCR (Civil) 287".

6.

It goes without saying that the Authorities will hold and conclude the regular enquiry in the manner indicated in Suman's case (supra).

7.

The instant writ petition stands disposed of accordingly. 8.

All pending application(s), if any, shall stand closed. 19.12.2024 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2024.12.20 15:32 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh