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2015 Supreme(P&H) 1084

HEMANT GUPTA, RAJ RAHUL GARG
State of Punjab – Appellant
Versus
Gurmeet Singh – Respondent


Advocates:
For the Appellants:Mr. Manoj Bajaj, Additional Advocate General, Punjab.
For the Caveator-Respondent:Mr. Ram Kumar Malik, Senior Advocate with Mr. Vijay Dahiya, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: (Oral) - Present letters patent appeal under Clause X of the Letters Patent is directed against an order passed by a learned Single Bench of this Court on 1.2.2013, whereby the charge sheet dated 18.6.2010 was quashed.

2. In an departmental inquiry, the Commissioner passed an order exonerating the respondent, writ petitioner. However, the learned Financial Commissioner, in its order on revision, passed an order on 8.2.2008 differing with the findings of the inquiry officer and directed that the charges shall be formulated afresh and disciplinary proceedings to be conducted by appointing a new inquiry officer. It was observed inter-alia to the following effect:-

“... To comply with the directions of the Hon’ble High Court, it is essential that the charges shall be formulated afresh and disciplinary enquiry be held by appointing new Enquiry Officer. A direction is given to the Commissioner, Jalandhar Division, Jalandhar to formulate charge sheet and send the same to Government for approval within 15 days.”

3. The writ petitioner challenged the action of the respondents in a writ petition No.5003 of 2009 but withdrew the same on 19.5.2010. Thereafter, on







































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