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2023 DAILYLAW 6049 (PNJ)

MANOJ KUMAR v. STATE OF HARYANA AND OTHERS

CWP/11199/2023 · 2026-07-22

Aman Chaudhary

body2023

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 224 CWP-11199-2023 (O&M) Date of decision: 22.07.2026 Manoj Kumar ....Petitioner Versus State of Haryana and Others ...Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present : Mr. Mohnish Sharma, Advocate for the petitioner Mr. Naveen Kumar, Addl. AG, Haryana Mr. Padamkant Dwivedi and Ms. Mehak Singh, Advocates for respondent Nos.2 to 6 ***** AMAN CHAUDHARY, J. (ORAL) 1. Learned counsel submits that the petitioner along with 3 other co- deliquent had filed a writ petition before this Court on the premise that the order of punishment was passed without supplying the copy of the enquiry report, which was disposed of vide order dated 12.01.2021, Annexure P-9 to decide afresh, wherein the statement of the respondents was recorded that appropriate speaking order after taking into consideration the reply submitted by the petitioners, will be passed by the competent authority in respect of the pending disciplinary proceedings. He further submits that while the allegations against all 5 are identical, 3 out of them have been let off at appellate stage but the petitioner has been awarded punishment of stoppage of two increments with temporary effect, though has only been reduced to 1 in the appeal, without taking into consideration the reply submitted by him, which was the same as filed by the other 3. He thus, at this stage prays the matter may be reconsidered MOHIT 2026.07.23 16:48 I attest to the accuracy and integrity of this document CWP-11199-2023 (O&M) -2- by the appellate authority, keeping in view the orders passed in the case of Parveen, Kuldeep Kumar and Amit. 2. The above facts having been brought out, during the course of hearing, learned State counsel fairly states that the Appellate Authority would not be averse to having a relook at the matter. 3. In view of the candid stand taken on either side, the present petition is disposed of while setting aside the order dated 29.11.2022, Annexure P-12, passed in appeal, by remanding it to the Appellate Authority for reconsideration with regard to the punishment awarded, keeping in mind the submissions advanced by learned counsel for the petitioner and decide the same in accordance with law, after affording a proper opportunity of hearing to him, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. (AMAN CHAUDHARY) JUDGE 22.07.2026 M.Kamra Whether speaking/reasoned : Yes / No Whether reportable : Yes / No MOHIT 2026.07.23 16:48 I attest to the accuracy and integrity of this document