High Court Punjab-Haryana High Court

Jagdish Singh vs Punjab & Haryana High Court … on 2 March, 2009

Punjab-Haryana High Court
Jagdish Singh vs Punjab & Haryana High Court … on 2 March, 2009
             IN THE HIGH COURT OF PUNJAB & HARYANA AT
                           CHANDIGARH


                                         CWP No. 3084 of 2009
                                         Date of Decision: 2.3.2009

Jagdish Singh                                              ---Petitioner

                           Vs.


Punjab & Haryana High Court through Registrar              ---Respondents


CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.

Present:-    Mr. Gourav Bhaiya, Advocate for
             the petitioner.

             ***

PERMOD KOHLI.J (ORAL)

The petitioner has challenged the order dated 15.11.2008

passed by the District & Sessions Judge, Jalandhar appointing the Enquiry

Officer for holding enquiry into the charges against the petitioner for which

the charge sheet already stands served. The grievance of the petitioner is

that the enquiry has been ordered in terms of paragraph 5-b of Rule 8 of

Punjab Civil Services (Punishment & Appeal) Rules, 1970 read with Rule

12 (2) of Punjab Court Establishment Recruitment and general conditions of

service Rules, 1997. According to the petitioner he has filed the reply and

that Rule 5 (b) is not attracted.

I have perused the Rule 8 contained in para 4 of the aforesaid

rules. Rule 5 (b) deals with the case, where no written statement to the

charge sheet is filed, however, Rule 5(a) clearly covers the case of the

petitioner, where the reply to the written statement is filed and the

disciplinary authority has the right to hold enquiry on consideration of the

written statement, if the authority is not satisfied with the reply. In the
CWP No. 3084 of 2009 -2-

impugned order, no reference is made to the reply filed by the petitioner.

In view of the above circumstances, the impugned order is

hereby set aside, however, the disciplinary authority i.e. District & Sessions

Judge, Jalandhar is hereby directed to pass a fresh order keeping in view the

reply submitted by the petitioner in accordance with the provisions of Rule

8 sub Rule 5(a) within a period of four weeks.

Disposed of as such.

(PERMOD KOHLI)
JUDGE
2.3.2009
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