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2025 DAILYLAW 34150 (PNJ)

RAMESH KUMAR GOYAL v. UMA SHANKAR GUPTA IAS AND OTHERS

COCP/1382/2025 · 2025-05-20

Nidhi Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 101 Ramesh Kumar Goyal Uma Shankar Gupta, IAS, Director Rural Development and Panchayat Department, Punjab and others CORAM: Present:- NIDHI GUPTA J. (Oral) proceedings the order dated Bench of this Court in LPA vs. State of Punjab and others”, vide which status quo with regard to the petitioner’s posting at Sirhind was ordered to be maintained. :- COCP-1382-2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1382 of 2025 Date of decision : Ramesh Kumar Goyal Versus Uma Shankar Gupta, IAS, Director Rural Development and Panchayat Department, Punjab and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Deepak Nayar, Advocate for the petitioner. Mr. Manmeet Singh Teji, AAG Punjab. NIDHI GUPTA J. (Oral) Learned counsel for the petitioner submits that proceedings be initiated against the respondent the order dated 18.1.2024 (Annexure P Bench of this Court in LPA-156-2024 title vs. State of Punjab and others”, vide which status quo with regard to the petitioner’s posting at Sirhind was ordered to be maintained. On 22.4.2025, this Court had passed the following order “On the last date of hearing i.e. the following order was passed by this Court : “Learned counsel for the State seeks time to get necessary instructions as to how despite the fact that vide order dated 18.1.2024 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1382 of 2025 (O & M) Date of decision :-20.05.2025 …..Petitioner Uma Shankar Gupta, IAS, Director Rural Development and Panchayat Department, Punjab and others …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Deepak Nayar, Advocate Mr. Manmeet Singh Teji, AAG Punjab. Learned counsel for the petitioner submits that contempt against the respondent(s) for not complying (Annexure P-1) passed by the Division titled as “Ramesh Kumar Goyal vs. State of Punjab and others”, vide which status quo with regard to the petitioner’s posting at Sirhind was ordered to be maintained. On 22.4.2025, this Court had passed the following order “On the last date of hearing i.e. 20.3.2025, the following order was passed by this Court :- “Learned counsel for the State seeks time to get necessary instructions as to how despite the fact that vide order dated 18.1.2024 VIJAY ASIJA 2025.05.20 17.51 I attest to the accuracy and integrity of this document COCP-1382-2025 (O & M) (Annexure P Division Bench of this Court that "...status quo with regard to appellant's posting at Sirhind be maintained", how the petitioner was sent to Head Quarter at Mohali vide order dated 28.1.2025 (Annexure P 4). Adjourned to 22.4.2025.” Learned counsel for the State submits that the respondent-State was constrained to transfer the petitioner to Mohali vide order dated 28.1.2025 (Annexure P misbehaving in Sirhind. In this regard learned counsel for the State refer made in para 7 of the reply dated 15.4.2025 filed by way of affidavit of Shri Uma Shankar Gupta, Director, Rural Development and Panchayat Department, Punjab. Learned counsel for the petitioner submits that in case there was any mis on the part of the petitioner, the same needed to be pointed out to the learned Division Bench; and no disobedience of the order dated 18.1.2024 passed by the learned Division Bench could be permitted. Learned counsel for the he may be granted four weeks time to effect compliance of order dated 18.1.2024 (Annexure P 1) and undertakes that an order directing the petitioner to be reposted at Sirhind shall be passed within four weeks. Adjourned to 20.5.2025. Needless to say that the respondents can take recourse to appropriate remedy as per law in 2 (Annexure P-1) passed by the Division Bench of this Court directing that "...status quo with regard to appellant's posting at Sirhind be maintained", how the petitioner was sent to Head Quarter at Mohali vide order dated 28.1.2025 (Annexure P- Adjourned to 22.4.2025.” Learned counsel for the State submits that State was constrained to transfer the petitioner to Mohali vide order dated 28.1.2025 (Annexure P-4) as the petitioner was misbehaving in Sirhind. In this regard learned counsel for the State refers to the submissions made in para 7 of the reply dated 15.4.2025 filed by way of affidavit of Shri Uma Shankar Gupta, Director, Rural Development and Panchayat Department, Punjab. Learned counsel for the petitioner submits that in case there was any misbehavior, as alleged, on the part of the petitioner, the same needed to be pointed out to the learned Division Bench; and no disobedience of the order dated 18.1.2024 passed by the learned Division Bench could be Learned counsel for the State submits that he may be granted four weeks time to effect compliance of order dated 18.1.2024 (Annexure P- 1) and undertakes that an order directing the petitioner to be reposted at Sirhind shall be passed Adjourned to 20.5.2025. Needless to say that the respondents can take recourse to appropriate remedy as per law in VIJAY ASIJA 2025.05.20 17.51 I attest to the accuracy and integrity of this document counsel has already submitted the Additional affid Shankar Gupta, Director, Rural Development and Panchayat Departent, Punjab taken on record. Copy thereof is supplied to the learned counsel for the petitioner. necessary compliance has been made, while passing a speaking order dated 05.05.2025 (Annexure R affidavit) by respondent petition. does not press the present petition any further. May 20, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No COCP-1382-2025 (O & M) respect of the alleged misbehaviour of the petitioner.” Pursuant to the said order dated 22.4.2025, learned State counsel has already submitted the Additional affid Shankar Gupta, Director, Rural Development and Panchayat Departent, Punjab, dated 09.5.2025 with the Registry. The same is taken on record. Copy thereof is supplied to the learned counsel for the petitioner. Learned counsel for the resp necessary compliance has been made, while passing a speaking order dated 05.05.2025 (Annexure R-1 annexed with the additional affidavit) by respondent No.1; thus, no cause survives in the present In view of the above, learned counsel for the petitioner does not press the present petition any further. Dismissed as not pressed. Rule stands discharged. Pending application(s), if any, shall stands disposed of. , 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 3 respect of the alleged misbehaviour of the Pursuant to the said order dated 22.4.2025, learned State counsel has already submitted the Additional affidavit of Shri Uma Shankar Gupta, Director, Rural Development and Panchayat with the Registry. The same is taken on record. Copy thereof is supplied to the learned counsel for Learned counsel for the respondent-State submits that necessary compliance has been made, while passing a speaking order 1 annexed with the additional ; thus, no cause survives in the present earned counsel for the petitioner does not press the present petition any further. Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.05.20 17.51 I attest to the accuracy and integrity of this document