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CWP-27252-2025 -1- 107 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-27252-2025 (O&M) Date of decision: 12.09.2025 Rajinder Pal Sharma ... Petitioner Vs. State of Punjab and others ... Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Saurav Kanojia, Advocate for the petitioner. ******* HARPREET SINGH BRAR, J. (ORAL)
1. Present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of the show cause notice dated 13.06.2025 (Annexure P-1) and office order dated 04.07.2025 (Annexure P-5) passed by respondent No.5, vide which the petitioner was suspended from service and further to issue a writ in the nature of mandamus directing the respondents to reinstate him in service in view of the departmental instructions contained in letter dated 08.10.1985 (Annexure P-14) and also to supply a copy of chargesheet along with supporting documents and other material to the petitioner in order to VISHNU 2025.09.12 18:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh
CWP-27252-2025 -2- defend himself in the departmental proceedings.
2.
Learned counsel for the petitioner submits that at this stage, the petitioner would be satisfied if the representation dated 14.08.2025 (Annexure P-13) submitted by him is considered and decided by respondent No.4 by passing a speaking order, after affording an opportunity of hearing, in terms of the departmental instructions contained in letter dated 08.10.1985 (Annexure P-14).
3. Notice of motion.
4. Mr. Vikas Arora, DAG, Punjab, who is present in the Court, accepts notice on behalf of respondent No.1-State and Mr. Vikrant Pamboo, Advocate appears on behalf of respondents No.2 to 6 and submits that case of the petitioner would be considered in terms of the departmental instructions contained in letter dated 08.10.1985 (Annexure P-14) and has no objection, in case a direction is issued to respondent No.4 to consider and decide the representation dated 14.08.2025 (Annexure P-13) in a time bound manner, by passing a speaking order, in accordance with law.
5. In view of the limited prayer made by learned counsel for the petitioner, present petition is disposed of and respondent No.4 is directed to consider and decide the representation dated 14.08.2025 (Annexure P-13) in terms of the departmental instructions contained in letter dated 08.10.1985 (Annexure P-14) and pass a speaking order, after affording an opportunity of VISHNU 2025.09.12 18:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh
CWP-27252-2025 -3- hearing to the petitioner, within a period of three months from the date of receipt of certified copy of this order.
6. Further, copy of chargesheet along with supporting documents and other material be served upon the petitioner within a period of one week from today in order to effectively defend himself in the departmental proceedings
7. The decision taken on the representation dated 14.08.2025 (Annexure P-13) shall be conveyed to the petitioner.
8. Needless to say, if the petitioner is found entitled to the relief sought, the same be granted to him forthwith by the competent authority.
9. All the pending miscellaneous application(s), if any, shall stand
disposed of.
[ HARPREET SINGH BRAR ] 12.09.2025 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHNU 2025.09.12 18:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh