IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.13819 of 2006
Date of Decision: August 27, 2009
Paramjit Singh Goraya
.....PETITIONER(S)
VERSUS
State of Punjab & Others
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. D.D. Sharma, Advocate, for
the petitioner.
Ms. Charu Tuli, Senior Deputy
Advocate General, Punjab, for the
respondents.
. . .
AJAI LAMBA, J (Oral)
This civil writ petition has been
filed under Article 226/227 of the Constitution
of India praying for issuance of a writ in the
nature of certiorari, quashing Memorandum of
charges/ chargesheet dated 9.12.2005 (Annexure
P-24) and Order dated 2.6.2006 (Annexure P-26)
whereunder an Enquiry Officer has been appointed
under Rule 8 of the Punjab Civil Services
(Punishment & Appeal) Rules, 1970.
Prayer has further been made for
issuance of a writ in the nature of certiorari,
CWP No.13819 of 2006 [2]
quashing Order dated 2.6.2006 (Annexure P-28)
whereby the petitioner has been ignored for
promotion and junior to the petitioner i.e.
respondent No.3 has been promoted as
Superintendent of Police (Officiating).
The facts of the case need not be
referred to in view of the fact that learned
counsel for the respondents, on instructions from
Krishan Kumar, Senior Assistant, Office of the
Director General of Police, Punjab, states that
the charges have been dropped against the
petitioner and therefore, as on date, there is no
departmental proceeding pending against the
petitioner under the Punjab Civil Services
(Punishment & Appeal) Rules, 1970.
Learned counsel for the respondents
states that the case of the petitioner was
considered by the Departmental Selection
Committee. In view of pending departmental
proceedings, the Committee resorted to sealed
cover procedure.
Learned counsel further states that
now that charges have been dropped, the matter of
promotion of the petitioner can be considered.
In regard to dropping of charges,
learned counsel has placed on record a
Communication dated 19.5.2009 issued by the
CWP No.13819 of 2006 [3]
Government of Punjab, Department of Home Affairs
and Justice.
The main reliefs having been
granted to the petitioner, cause of action does
not survive.
The petition is disposed of with
directions to the respondents to consider the
case of the petitioner for promotion within four
months of receipt of a certified copy of this
order.
(AJAI LAMBA)
August 27, 2009 JUDGE
avin
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?