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2026 DAILYLAW 31709 (PNJ)

RAKESH PAL SINGH v. STATE OF PUNJAB THROUGH SECRETARY, DEPARTMENT OF EDUCATION

CWP/21813/2026 · 2026-07-20

Kuldeep Tiwari

body2026

Judgment text

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125 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21813-2026 Date of Decision : 20.07.2026 RAKESH PAL SINGH .....Petitioner VERSUS STATE OF PUNJAB THROUGH SECRETARY, DEPARTMENT OF EDUCATION AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Amardeep Singh Walia, Advocate for the petitioner. Mr. Sahil R. Bakshi, AAG, Punjab. KULDEEP TIWARI, J.(Oral) 1. Through the instant petition, cast under Article 226/227 of the Constitution of India, a challenge is thrown to the order dated 20.03.2023 (Annexure P-10), vide which the punishment of censure has been imposed without following the procedure as prescribed under Rule 10 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 and 2. At the outset, this Court confronted learned counsel for the petitioner, as to why, the remedy of appeal has not been availed by the petitioner. In response, learned counsel for the petitioner submits that the petitioner, was under a bona fide impression that no such remedy was available, therefore, he had directly approached this Court through the instant writ petition. At this stage, he further submits that the petitioner now wishes to avail the remedy of appeal before the competent appellate CWP-21813-2026 -2- authority. However, on account of the delay in approaching the appellate authority, he apprehends that the appeal may be dismissed on the ground of limitation and, therefore, prays that appropriate protection be granted in this regard. 3. In view of the above, the petitioner is relegated to the appellate authority concerned to raise all such pleas, as have been raised through the instant petition. 4. Admittedly, there is a delay, as the impugned order is of 20.03.2023, therefore, alongwith the appeal, if, an application seeking seeking condonation of delay, is filed before the appellate authority concerned, the same shall be considered most sympathetically in accordance with law, considering the fact that the petitioner had, at the first instance, approached this Court by filing a misconceived motion under bona fide impression. 5. Disposed of accordingly. 6. All pending application(s), if any, also stand disposed of accordingly. (KULDEEP TIWARI) July 20, 2026 JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No