High Court of Punjab and Haryana, Chandigarh
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Surinder Singh v. State of Punjab & Ors. - CWP-7491-2004  RD-P&H 2624 (26 April 2006)
In the High Court of Punjab and Haryana, Chandigarh.
CWP No. 7491 of 2004
Date of Decision: 01.05.2006
State of Punjab and others.
Coram:- Hon'ble Mr.Justice J.S. Khehar.
Hon'ble Mr. Justice P.S. Patwalia
Present: Mr. H.S. Toor, Sr. Advocate with Mr. Gurinderjit Singh, Advocate
for the petitioner.
Mr. Ashok Aggarwal, Addl. A.G., Punjab
for the respondents.
J.S. Khehar, J.(Oral).
The petitioner was inducted into the service of the Punjab Roadways, Chandigarh, as a driver in the year 1982. During the course of his employment, he was charge-sheeted, and thereupon, proceeded against departmentally. On the culmination of the regular departmental enquiry, by an order dated 8.8.1997, the petitioner was dismissed from service.
Dissatisfied with the order of punishment inflicted upon the petitioner, he preferred an appeal on 18.9.1997. Since no decision was taken on the appeal preferred by the petitioner, he approached this Court by filing Civil Writ Petition No.12426 of 2001. The aforesaid writ petition was disposed of by an order dated 21.8.2001. A perusal of the order dated 21.8.2001 CWP No. 7491 of 2004 Page numbers
reveals, that the aforesaid writ petition was disposed of with the directions to the appellate authority to take a final decision on the appeal preferred by the petitioner, within one month from the date of receipt of a certified copy of the order dated 21.8.2001 passed in Civil Writ Petition No.12426 of 2001.
Consequent upon the directions issued by this Court in Civil Writ Petition No.12426 of 2001, the Director, State Transport, Punjab, by his order dated 13.10.2003, dismissed the appeal preferred by the petitioner.
The order disposing of the appeal, preferred by the petitioner, is being extracted hereunder:-
"No.CA-8/18938 Dated 13.10.2003
Subject: Appeal regarding reinstatement in service.
This is with reference to your letter No.11157/ECD dated 29.5.2003 on the above noted subject.
With regard to the letter under reference, it is intimated that the departmental enquiry being conducted against Shri Surinder Singh, Driver No.160 stands disposed of, as such his appeal has been dismissed.
for Director State Transport, Punjab."
Having gone through the appellate order, we are satisfied, that the appeal preferred by the petitioner had not been considered and disposed of at all. It was merely summarily dismissed. It was imperative for the appellate authority to have afforded the petitioner an opportunity of hearing, and then adjudicated on the issues raised by the petitioner, by passing a well reasoned speaking order. Since nothing of this sort has been done by the appellate CWP No. 7491 of 2004 Page numbers
authority, the order dated 13.10.2003, disposing of the appeal, is hereby set aside. The appellate authority shall afford an opportunity of hearing to the petitioner, and take a final decision on the appeal preferred by him, within two months from today. The petitioner shall present himself before the appellate authority on 10.5.2006.
The sequence of facts narrated hereinabove reveals, that for the same purpose, the petitioner had earlier approached this Court by filing Civil Writ Petition No.12426 of 2001. He has been required to file the present writ petition for no justifiable reason, whatsoever. In the circumstances of the case, we consider it just and appropriate to award costs to the petitioner.
In view of the above, the instant writ petition is allowed with costs, which are quantified at Rs.5,000/-.
Order dasti on payment of usual charges.
( J.S. Khehar )
( P.S. Patwalia )
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