Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 89641 (PNJ)

OM PRAKASH RANA v. STATE OF HARYANA AND ORS

RA-CW/400/2024 · 2025-09-12

Sandeep Moudgil

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

206 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RA-CW-400-2024, CM-15706-CWP-2024 in CWP-13551-2017 OM PRAKASH RANA .....PETITIONER VERSUS STATE OF HARYANA AND ORS .....RESPONDENTS Present: Ms. Nandini Gupta, Advocate for Mr. Abhilaksh Grover, Advocate for the applicant/respondent Mr. R.D. Sharma, DAG Haryana Mr. Kapil Aggarwal, Advocate for the petitioner/non-applicant. ***** This is an application under Order 47 Rule 1 read with Section 151 of CPC for review of the judgment and order dated 16.08.2023 passed by this Court. For the reasons mentioned in the application as well as submissions made by learned counsel for the applicant/respondent, the same is allowed. The order dated 16.08.2023 is hereby reviewed and corrected and para 5 would now read as under:- “This Court finds that the impugned order dated 19.12.2008 (Annexure P-7) whereby the petitioner was removed from service w.e.f. 01.02.2006, cannot be sustained in the eyes of law. The record reveals that the petitioner had duly explained his absence from duty on medical grounds, supported by medical document produced by the petitioner showing that he was under depression, which is a mitigating circumstance beyond his control. The respondents have failed to establish that the petitioner’s absence was wilful or contumacious so as to warrant the extreme penalty of removal. ” The application is therefore, disposed off. Pending application(s), if any shall disposed off, accordingly. (SANDEEP MOUDGIL) 12.09.2025 JUDGE Meenu MEENU 2025.09.16 18:07 I attest to the accuracy and integrity of this document