Petitioner challenged suspension orders devoid of notice, violating natural justice. Court set aside orders but kept suspension intact, directing the authority to serve a show cause notice and pass a fresh order after hearing.
Impugned orders set aside; suspension retained; direction to serve show cause notice and pass fresh order
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP. No. 12033 of 2009 Date of Decision: 11.8.2009.
Rajinderpal
--Petitioner
Versus
State of Punjab and another --Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:Mr. Nakul Sharma, Advocate for the petitioner.
PERMOD KOHLI.J (ORAL)
Notice of motion.
Mr. P.C. Goyal, Addl. A.G., Punjab has been asked to accept notice on behalf of the respondent-State.
The petitioner has challenged the order dated 6.7.2009 passed by the Director, Rural Development & Panchayat, placing the petitioner under suspension on account of FIR No. 341 under Section 376 IPC, in exercise of the powers under Section 20(3) of Punjab Panchayati Raj Act, 1994. Aggrieved of the same, petitioner preferred an appeal before the Financial Commissioner & Secretary, Punjab Govt. Rural Development & Panchayat Department, which has also been dismissed vide the impugned order dated 20.7.2009. The main ground for challenging the aforesaid order is that the petitioner was not put to any notice and thus the same is violative of principles of natural justice. This plea was also raised before the Appellate Authority.
There is some substance in the contention of the petitioner. Though, the impugned orders are liable to be set aside on this ground itself,
CWP. No. 12033 of 2009
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however, in view the nature of allegations against the petitioner, while keeping the suspension of the petitioner intact, the impugned orders are hereby set aside with a direction to respondent no.2 to serve a show cause notice to the petitioner and after soliciting the reply, pass a fresh order.
Disposed of as such.
(PERMOD KOHLI) JUDGE
11.8.2009 lucky
2 issues framed by the court
Whether setting aside suspension orders without hearing violates principles of natural justice?
What procedural direction must be followed after setting aside non-hearing order?
1 provisions across 1 enactments
Rajinderpal
State of Punjab
another
PERMOD KOHLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
