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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BALRAM – Appellant
Versus
STATE OF HARYANA AND ORS – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari to quash the order dated 06.08.2020 (Annexure P- 3)whereby the petitioner was placed under suspension and chargesheeted him under Rule 7 of Haryana Civil Services (Punishment & Appeal) Rules, 2016 (in short as HCS Rules).
Factual Background
2. The petitioner was appointed as Assistant District Attorney on the recommendation of the Haryana Public Service Commission and duly joined service. During his posting at Ambala, the petitioner repeatedly made written representations to the Deputy Commissioner, Director of Prosecution, and higher authorities highlighting the complete lack of basic infrastructure and supporting staff in his office, which, according to him, made discharge of official duties impossible.
3. An explanation was sought from the petitioner by the Director of Prosecution, which was duly replied to and clarified. Despite this, the petitioner was placed under suspension vide order dated 06.08.2020 (Annexure P-3).
4. The petitioner challenged the suspension order by filing the instant petition, w
Tribunal ought not to have interfered with the order of suspension passed by competent authority, particularly when the authorities have got the power under Rule 8 of the APCS (CCA) Rules 1991 to pla....
Suspension of service –Misconduct - Preliminary enquiry -Whether there was falsification of record deliberately by petitioners or under duress by superior authority petitioners resorted to such illeg....
Point of Law : Mandate of an outer limit of 3 (three) months is only for the purpose of drawing up a departmental proceeding and the requirement to undertake an exercise of review prior to the said p....
Charge-sheets should not be quashed at the initial stage and suspension should not be made in a perfunctory or routine manner. The competent authority should examine the charge-sheets and take a deci....
Writ jurisdiction is discretionary jurisdiction and hence such discretion under Article 226 should not ordinarily be exercised by quashing a show-cause notice or charge sheet.
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
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