HIGH COURT OF PUNJAB AND HARYANA
KARAMJIT SINGH – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent
CWP 12785/2021
111
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-12785-2021 (O&M)
Date of decision: 19.07.2021
Karamjit Singh
…Petitioner
Versus
State of Haryana and others
…Respondents
CORAM:
HON’BLE MR. JUSTICE ARUN MONGA
Present:
Mr. Nitish Bhatia, Advocate,
for the petitioner.
Mr. Saurabh Mohunta, DAG, Haryana.
(Presence marked through Video Conference)
-.-
ARUN MONGA, J. (ORAL)
Grievance of the petitioner herein, inter alia, is qua his
impugned suspension order, which is stated to have been passed without
following due procedure of law viz either conducting any inquiry and/or
issuing show-cause- notice or granting any personal hearing to the petitioner
or even otherwise conveying him what is/are the proposed disciplinary
proceedings anticipated against him.
On the last date of hearing, learned State counsel had sought
time to seek instructions and when the matter is taken up today, he submits
that the petitioner has been reinstated in service. Merely his range has been
changed from Ambala to Saha though he continues to be in District Ambala.
In course of hearing today, learned State counsel has tendered a
reinstatement order dated 14.07.2021 through email, copy whereof is taken
on record as Mark ‘A’.
VANDANA
2021.07.20 03:21
I attest to the accuracy and
integrity of this document
Learned counsel for the petitioner submits that the beat/range of
the petitioner could not have been changed.
Be that as it may, change of range is merely transfer and being
an administrative exigency, competent authority is entitled to do so.
No grounds are made out to interfere.
Disposed of.
At this stage, learned State counsel submits that there is a
contemplated inquiry against the petitioner and the reinstatement of the
petitioner shall not, in any manner, be construed to mean that he stands
absolved there from.
It is, accordingly, made clear that the reinstatement order shall
not prejudice the department’s right to proceed in the contemplated
disciplinary proceedings. Department is at liberty to proceed, in accordance
with law.
(ARUN MONGA)
JUDGE
July 19, 2021
Vandana
Whether speaking/reasoned:
Yes/No
Whether reportable:
Yes/No
VANDANA
2021.07.20 03:21
I attest to the accuracy and
integrity of this document
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