Arun Shekhar v. State Of Punjab And Others
CWP395752025 Date of decision: 21.01.2026 Arun Shekhar ....Petitioner
Versus
State of Punjab and others
...Respondents
Mr. Saurav Bhatia, Advocate for the petitioner.
Mr. Vikas Arora, DAG, Punjab.
Mr. Gurnoor Singh Sethi, Advocate for the respondentsPSPCL.
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1.
The present civil writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of for quashing of letter No.235/D11675/T2 dated 16.04.2021 (Annexure P22) and order dated 18.12.2023 (Annexure P26). Further, for issuance of a writ in the nature of
directing respondents No.1 & 2 to stay the operation of the letter dated 16.04.2021 (Annexure P22).
2.
On 14.01.2026, the following order was passed:
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Learned counsel for the respondentCorporation submits that the petitioner is not being punished and only a warning is issued, as such, no prejudice is being caused to the petitioner. He further submits that the petitioner has not challenged the instructions dated 09.09.2022 vide which the awarding of warning has been given the colour of punishment by providing that after three warning during the consideration zone of five years for promotions, ACR will be down graded by one point.
4.
Having heard learned counsel for the parties and after perusal of the record, it transpires that the petitioner was exonerated by the Inquiry Officers as discernible from Annexure P20. However, the Punishing Authority has not assigned any reasons for disagreeing with the findings of the inquiry report.
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Reliance in this regard has been correctly placed by the learned counsel for the petitioner on a Two Judge Bench of the Hon'ble Supreme Court in
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, the Hon'ble Apex Court crystallized the principle thus: "Reason is the heartbeat of every conclusion. Without the same it becomes lifeless." An order without reasons is anathema to a system of justice based on the rule of law. 7.
Admittedly, in the operative part of the order passed by the Punishing authority, he has merely recorded the facts of the case without giving any reasons for the dissent from the finding of the inquiry officer which is against the settled principle. It is trite law that, whenever the Punishing authority disagrees with the report of the enquiry officer it must record its reasons for the dissent, as established in +$ ,)% "- ( .$ ,-
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8.
Thus, it is settled that in case the Punishing authority dissents from the report submitted by the inquiry officer and decides against the interests of the delinquent officer, it must: a. Record a detailed reasons for its dissent. b. Give a notice before punishment in terms of its conclusion to the charged employee.
c. Give an opportunity of hearing to the charged employee.
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In view of the above discussions, the present petition is allowed. Accordingly, the letter No.235/D11675/T2 dated 16.04.2021 (Annexure P22), whereby, despite being exonerated in the enquiry report, the petitioner has been issued a Warning Letter, and a subsequent order dated 18.12.2023 (Annexure P 26), are hereby set aside.
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Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No