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2023 Supreme(HP) 451

M. S. RAMACHANDRA RAO, JYOTSNA REWAL DUA
State of Himachal Pradesh – Appellant
Versus
Rajinder Kumar Kashyap – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Anup Rattan, Rakesh Dhaulta, Pranay Pratap Singh, Arsh Rattan, Sidharth Jalta.
For the Respondent: Onkar Jairath.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. Accepting petitioner’s prayer in his Civil Writ Petition No. 9473 of 2013, learned Single Judge vide judgment dated 18.07.2014 quashed the charge-sheet issued against the petitioner.

This decision has been assailed by the State in this Letters Patent Appeal.

2. The pleaded case of the parties is that:

    (i) The respondent-writ petitioner served as Executive Engineer in HPPWD Karsog Division from 31.03.2011 to 26.10.2012. On 26.10.2012, he proceeded on earned leave after handing over the charge to the Executive Engineer (D) 1st Circle HPPWD Mandi. During the period of his leave, the writ petitioner was transferred to Kaza Division on 01.11.2012.

(ii) On 18.03.2013, the appellant issued a show-cause notice to the respondent-writ petitioner that:- while serving as Executive Engineer Karsog, he did not properly monitor Arbitration Case Nos. 37 and 33 of 2011; Requisite action in these two cases was deliberately delayed by the writ petitioner for allowing the limitation to expire. According to the show-cause notice, this action of the writ petitioner showed lack of his supervision, non-devotion to duty, collusion with the contractors and entailed disciplinary

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