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2025 DAILYLAW 62732 (PNJ)

BIJENDER KUMAR v. STATE OF HARYANA AND ORS

CWP/15334/2025 · 2025-05-26

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 132 CWP-15334-2025 Date of decision: 26.05.2025 BIJENDER KUMAR ......Petitioner VERSUS STATE OF HARYANA AND OTHERS .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ ***** Present: - Mr. Sumit S. Bairagi, Advocate and Mr. Deepam Raghav, Advocate for the petitioner. Mr. Tapan Kumar, DAG, Haryana. ***** VINOD S. BHARDWAJ, J. (Oral) Challenge in the present writ petition is to the order of suspension dated 30.05.2024 on the ground that despite the expiry of the maximum permissible period under which an employee can be kept under suspension without issuance of a charge sheet, no departmental inquiry has been initiated against the petitioner nor any charge sheet has been served upon him. Therefore, he is liable to be reinstated. 2. Counsel for the petitioner contends that the petitioner, who was the Inspector Food & Supplies was placed under suspension vide order dated 30.05.2024 and that no reasons had been assigned to him for the said order. He contends that he served a legal notice on 08.03.2025 followed by reminder dated 21.04.2025 for seeking his reinstatement in terms of Rule 5 VISHAL SHARMA 2025.05.27 17:31 I attest to the accuracy and integrity of this document CWP-15334-2025 -2- of the Haryana Civil Services (Punishment & Appeal) Rules, 2016 but the needful has not been done. He, however, contends that he would be satisfied at this juncture in case the respondents are directed to take a considered decision on the legal notice served by the petitioner in light of the statutory provisions in a time bound manner. 3. Notice of motion. 4. Mr. Tapan Kumar, DAG, Haryana appears and accepts notice on behalf of the respondents-State and submits that he has no objection to the aforesaid prayer being granted. 5. Accordingly, with the consent of the parties and without commenting upon the merits of the case, the present petition is disposed of. 6. In the event, the averments contained in the writ petition are correct, the respondents are required to take appropriate decision in terms of the applicable statutory provisions and to pass the requisite order within a period of two months of receipt of certified copy of this order. (VINOD S. BHARDWAJ) MAY 26, 2025 JUDGE Vishal Sharma Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No VISHAL SHARMA 2025.05.27 17:31 I attest to the accuracy and integrity of this document