Extracted from the PDF above. The PDF is authoritative.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4744 of 2024
Date of decision: 03.06.2025 Joginder Singh.
...Petitioner.
Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioner : Mr. Digvijay Singh, Advocate.
For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 & 2-State.
Mr. Mukul Sood, Advocate, for respondent No.3.
Jyotsna Rewal Dua, Judge
This writ petition has been filed for the grant of following substantive relief:-
“It is, therefore, most humbly prayed that a writ of mandamus may be issued directing the respondents to drop all proceedings in the matter forthwith with all consequential monetary and non-monetary benefits, particularly the promotion as Assistant Engineer, w.e.f. the due date. A writ of certiorari may also be issued setting aside and quashing suspension order dated 04.09.2019 (Annexure P-1) with all consequential benefits.”
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2.
It appears that main relief prayed by the petitioner was against the suspension
order dated
04.09.2019. The said suspension order has been revoked by the respondents on 20.10.2020. The order has been placed on record in the writ petition itself as Annexure P-5. Learned counsel for the petitioner next submitted that the respondents are still proceeding ahead with the inquiry against the petitioner; That enquiry proceedings cannot go on forever.
To the query of the Court, learned counsel of the petitioner admitted that no chargesheet has been issued to the petitioner by the respondents. That petitioner has not been issued any notice for participating in any inquiry by the respondents.
3.
Learned counsel for respondent No.3 submits that disciplinary proceeding have not been initiated against the petitioner. Though a criminal case is pending against him in the Court of law. Learned counsel for the petitioner submits that in the aforesaid criminal case, no charges have been framed against the petitioner.
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4.
Since the relief of the petitioner was only against the suspension
order and for dropping the inquiry proceedings in the matter and according to the respondents, the disciplinary proceedings were not initiated against him, it is only the criminal proceedings which are underway. The writ petition, therefore, has been rendered infructuous and to stand disposed of accordingly, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua 3rd June, 2025
Judge (Pardeep)