Disposed

Rajinder Singh Chauhan v. State of Haryana and Ors.

Punjab & Haryana HC17 Sept 2012CWP/19218/2011

Case brief

AI extract

What is this about?

The Punjab and Haryana High Court issued directions in a writ petition for the State of Haryana to conduct a departmental enquiry into allegations made by the petitioner regarding corruption and the use of inferior material during road construction, including the possibility of penal action against the petitioner if implicated.

What did the court decide?

Directions issued to conduct an enquiry into allegations of corruption and inferior materials; petitioner to be liable for action if found guilty.

Rajinder Singh Chauhan Vs Stat… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2012)

¶1

CWP No. 19218 of 2011

¶2

-1-

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *********

¶4

CWP No. 19218 of 2011 Date of decision : 17.9.2012

¶5

Rajinder Singh Chauhan .......Petitioner

¶6

Vs.

¶7

State of Haryana and others

¶8

..........Respondents

¶9

CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice Hon'ble Mr. Justice Rakesh Kumar Jain

¶10

Present:Mr. Rajinder Singh Chauhan-petitioner in person Ms. Divya Sharma, Advocate (Amicus Curiae) Mr. B.S. Rana, Addl. AG, Haryana Mr. Gurinder Pal Singh, Advocate, for respondent No. 4

¶11

Jasbir Singh, Acting Chief Justice (oral)

¶12

This writ petition has been filed with a prayer that appropriate directions be issued to the respondents to conduct an enquiry regarding charges of corruption levelled by the petitioner against respondent No.3.

¶13

It is stated by the petitioner in this writ petition that less material and that too of inferior quality (bitumen etc.) was used for construction of roads by the contractor. When objection was raised by the petitioner by writing a letter dated 6.9.2005 (Annexure P-6), nothing was done, rather he was transferred from the project on 26.9.2005 and ultimately, was placed under suspension. A reference has been made to a letter dated 4.9.2005 (Annexure P-5) to indicate the use of inferior quality of material for construction of road.

¶14

In reply filed to the averments made qua documents Annexures P-5 and P-6, it is stated that these are matters of record. Nothing has been shown that any enquiry was got conducted. In reply

¶15

-2-

¶16

CWP No. 19218 of 2011

¶17

filed by respondent No.3, it is stated that some of the reports placed on record regarding work done was verified by the petitioner clearly, establish that there was dereliction in performing the duties on the part of the petitioner himself and there was no fault on the part of respondent No.3.

¶18

Be that as it may, the matter needs to be enquired into, especially in view of the fact that while filing reply the State has given no satisfactory reply to letters Annexures P-5 and P-6 referred to above.

¶19

Under these circumstances, we dispose of this writ petition by issuing directions to Finance Commissioner-cum-Principal Secretary, Haryana, to conduct an enquiry into the allegations levelled by the petitioner against the working of the respondent No.3. The above officer may get the technical assistance in the matter and after giving an opportunity of hearing to the petitioner, final order be passed. If it is found that the inferior quality of material was used at the time of construction, necessary action be taken against the concerned person within six months from the date of receipt of a copy of this order. It is made clear that if in the enquiry, the petitioner is also found guilty of any illegal commission or omission, necessary action be taken against him also along with others.

¶20

Sd/- (Jasbir Singh) Acting Chief Justice

¶21

Sd/(Rakesh Kumar Jain) Judge

¶22

17.9.2012 Ashwani

Rajinder Singh Chauhan v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Rajinder Singh Chauhan v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rajesh Kumar Mittal Vs Union of India and Ors.

M/S B M Exports P Ltd. Vs Union of India and Ors.

Madan Lal Vohra Vs Union of India and Ors.

Court on Its Own Motion Vs State of Punjab, Haryana & U.T. Chandigarh

Hy. Distillery Yamunanagar Vs Central Pollution Control Board and Ors.(Main Disposed of)

Tanvir Hussain Vs State of Punjab and Others