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2025 DAILYLAW 109976 (PNJ)

SONIA MALHOTRA ALIAS SONIA KAMBOJ v. STATE OF PUNJAB AND OTHERS

CWP/34691/2024 · 2025-03-07

Harsimran Singh Sethi

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Judgment text

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136 SONIA MALHOTRA ALIAS SONIA KAMBOJ STATE OF PUNJAB AND OTHERS CORAM: Present: HARSIMRAN SINGH SETHI, J. (Oral) grievance of the petitioner is that the petitioner is being given personal hearing authority to take action keeping in view the disciplinary proceedings initiated against t Patiala. authority can pass an appropriate order and not the Director, Public Instructions, as his right to appeal will be taken away. respondent IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDI CWP-34691 Date of Decision : 19 SONIA MALHOTRA ALIAS SONIA KAMBOJ VERSUS STATE OF PUNJAB AND OTHERS CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Mr. R.K Arora, Advocate for the petitioner. Ms. Shruti, AAG Punjab. *** HARSIMRAN SINGH SETHI, J. (Oral) Learned counsel for the petitioner submits that grievance of the petitioner is that the petitioner is being given personal hearing by the Director, Public Instructions whereas the competent authority to take action keeping in view the disciplinary proceedings initiated against the petitioner is the District Education Officer (Elementary), Learned counsel for the petitioner submits that the said authority can pass an appropriate order and not the Director, Public Instructions, as his right to appeal will be taken away. Notice of motion. Ms. Shruti, AAG Punjab, accepts notice on behalf of the respondent-State and submits that the notice which has been issued by the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 34691-2024 Date of Decision : 19-12-2024 SONIA MALHOTRA ALIAS SONIA KAMBOJ ........Petitioner VERSUS ........Respondent(s) HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Advocate for the petitioner. HARSIMRAN SINGH SETHI, J. (Oral) Learned counsel for the petitioner submits that the only grievance of the petitioner is that the petitioner is being given opportunity of by the Director, Public Instructions whereas the competent authority to take action keeping in view the disciplinary proceedings he petitioner is the District Education Officer (Elementary), Learned counsel for the petitioner submits that the said authority can pass an appropriate order and not the Director, Public Instructions, as his right to appeal will be taken away. Ms. Shruti, AAG Punjab, accepts notice on behalf of the State and submits that the notice which has been issued by the ........Respondent(s) HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI the only opportunity of by the Director, Public Instructions whereas the competent authority to take action keeping in view the disciplinary proceedings he petitioner is the District Education Officer (Elementary), Learned counsel for the petitioner submits that the said authority can pass an appropriate order and not the Director, Public Ms. Shruti, AAG Punjab, accepts notice on behalf of the State and submits that the notice which has been issued by the SAPNA GOYAL 2024.12.20 13:58 I attest to the accuracy and integrity of this document CWP-34691-2024 -2- Director, be treated having been issued by the District Education Officer (Elementary), Patiala and the petitioner should appear before the said authority so that the disciplinary proceedings pending against the petitioner could be finalised. At this stage, learned counsel for the petitioner submits that he has not been given the complete inquiry report. Learned counsel for the respondent-State submits that in case, any representation is received at the hands of the petitioner requesting the complete inquiry report, the same, if not, already given to him, will be provided and after affording due opportunity of hearing an appropriate speaking order will be passed qua the disciplinary proceedings keeping in mind the objection which the petitioner has raised qua the inquiry report. Learned counsel for the petitioner submits that keeping in view the statement of the respondent-State, the present petition may kindly be disposed of as having been not pressed any further. Ordered accordingly. 19-12-2024 Sapna Goyal (HARSIMRAN SINGH SETHI) JUDGE NOTE: Whether speaking: YES/NO Whether reportable: YES/NO SAPNA GOYAL 2024.12.20 13:58 I attest to the accuracy and integrity of this document