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2026 Supreme(Online)(P&H) 79187

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


2026:PHHC:085996


CWP-17591-2026


Rajinder Pal Sharma

.....Petitioner

VERSUS

State of Punjab and others

...Respondents


CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present : Mr. Saurav Kanojia, Advocate for the petitioner.

Mr. Ishan Kaushal, AAG Punjab.


HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Article 226/227 of the Constitution of India with a prayer for issuance of an appropriate writ or order in the nature of certiorari for quashing the impugned charge-sheet dated 19.09.2025 (Annexure P-6) issued by respondents being illegal, arbitrary, without jurisdiction based on non-existent records and during the pendency of present writ petition, operation of same be stayed. Further praying for issuance of a writ in the nature of mandamus directing respondents to consider posting the petitioner at Ludhiana in any other unit where an equivalent/similar post is lying vacant during pendency of the departmental proceedings.

2. Learned counsel for the petitioner limited his prayer to the extent that the petitioner is due to superannuate in October, 2027. It is submitted that a show-cause notice dated 13.06.2025 (Annexure P-1) was issued to the petitioner. Upon receipt thereof, the petitioner submitted a detailed reply requesting the respondent-authorities to furnish the relevant records and particulars pertaining to the allegations levelled against him. However, instead of responding to the petitioner's repeated and legitimate requests for information, the respondents issued office order dated 04.07.2025 (Annexure P-4), placing the petitioner under suspension. Thereafter, the impugned charge-sheet dated 19.09.2025 (Annexure P-6) came to be issued. Learned counsel further submits that despite lapse of more than nine months, no substantial progress has been made in the departmental proceedings. It is argued that failure to conclude the disciplinary proceedings within a reasonable period is arbitrary and violative of the petitioner's rights. Reliance in this regard has been placed upon the judgment of the Hon'ble Supreme Court in Prem Nath Bali v. Registrar, High Court of Delhi and Another, (2015) 16 SCC 415 wherein it was held that disciplinary proceedings ought to be concluded with reasonable dispatch, as also upon the judgment of this Court in CWP-9606-2022, Khairati Lal Versus State of Haryana and others, decided on 13.10.2025.

3. Learned counsel for the petitioner submits that, at this stage, he would be satisfied if a direction is issued to the respondents/competent authority to conclude the disciplinary proceedings initiated against the petitioner by passing an appropriate speaking order within a stipulated period.

4. Learned State Counsel submits that he has no objection in the event a direction is issued to the respondents/competent authority to conclude the disciplinary proceedings within a time-bound period.

5. Accordingly, in view of the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the controversy, the present petition is disposed of with a direction to the respondents/competent authority to conclude the disciplinary proceedings initiated vide charge-sheet dated 19.09.2025 (Annexure P-6) by passing a final order in accordance with law, preferably within a period of three months from the date of receipt of a certified copy of this order.

6. Pending miscellaneous application(s), if any, shall also stand disposed of.

7. It is made clear that any wilful deviation or non-compliance of the directions issued by this Court shall entail consequences under Article 215 of the Constitution of India and it shall be open to the petitioner to seek initiation of appropriate contempt proceedings in accordance with law.

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