IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 109+288 CM-5499-CWP-2024 in/and CWP-19655-2023 Date of decision : 18.02.2025 GULSHAN RAI NAGPAL ...... Petitioner VERSUS STATE OF PUNJAB AND ANOTHER ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI *** Present :- Mr. Jatinder Pal Singh, Advocate for the petitioner. Mr. Mohit Kapoor, Senior DAG, Punjab. *** Harsimran Singh Sethi, J. (Oral) CM-5499-CWP-2024 This application is for placing on record counter affidavit of Gulshan Rai Nagpal in reply to an affidavit dated 22.02.2024. Application is allowed as prayed for. Counter affidavit is taken on record, subject to just exceptions. CWP-19655-2023 1. Learned counsel for the petitioner submits that on the basis of the departmental enquiry, the order has been passed by the respondents under Rule 2.2(a) of the Punjab Civil Services Rules Volume II Part II, which provision is not applicable in the facts and circumstances of the present case. 2. Learned counsel for the respondents submits that in the present RIMPAL RANI 2025.02.20 18.05 I attest to the accuracy and integrity of this document CM-5499-CWP-2024 in/and :2: CWP-19655-2023 case Rule 2.2 (b) will be applicable instead of Rule 2.2 (a) hence, the impugned order be treated as withdrawn with liberty to pass a fresh order in accordance with law. 3. Learned counsel for the petitioner submits as the impugned order has been withdrawn, the present petition has been rendered infructuous but liberty be given that in case the fresh order to be passed by the respondents is causing any prejudice, the petitioner can avail appropriate remedy. 4. Ordered accordingly. 5. Let a fresh order be passed within a period of four weeks from the date of the receipt of the copy of this order. 6. Pending applications, if any, also stand disposed of accordingly. (HARSIMRAN SINGH SETHI) JUDGE 18.02.2025 Rimpal Whether speaking/reasoned Yes Whether Reportable : No RIMPAL RANI 2025.02.20 18.05 I attest to the accuracy and integrity of this document