The Court allowed the CWP against the Commissioner, Municipal Corporation, Faridabad. It directed the respondent to decide pending representations within one month or face a penalty of Rs. 50,000.
Direction to respondent to decide pending representations by a speaking order within one month; penalty of Rs. 50,000 for delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No.13269 of 2019 (O&M)
{1}
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No.13269 of 2019 (O&M) Date of decision:19.07.2019
Parshant Atkaan
... Petitioner
Vs.
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr. S.S.Gurna, Advocate for the petitioner.
AMIT RAWAL J. (Oral)
C.M.No.10374 of 2019
The application is allowed, subject to all just exceptions. Annexure P-8 is taken on record.
CWP No.13269 of 2019
Grievance of the petitioner in present case is that petitioner being HCS Officer, is presently working on deputation with Municipal Corporation, Faridabad as Joint Commissioner of NIT Zone. However, Commissioner, Municipal Corporation, Faridabad vide order dated 10.04.2019 (Annexure P-5) on the basis of unilateral enquiry and information withdrew his powers immediately.
The petitioner is stated to have submitted representations dated 12.04.2019 (Annexures P-6 and P-7) to the Commissioner, Municipal Corporation as he has no powers to pass such order as it vests only with
SAVITA KADIAN 2019.07.23 13:19 I attest to the accuracy and integrity of this document High Court Chandigarh
CWP No.13269 of 2019 (O&M) {2}
competent authority i.e. Principal Secretary, Department of Urban Local Bodies, Government of Haryana.
Without going into merit or de-merit of matter and since representations are stated to be pending, I deem it appropriate to dispose of present writ petition with a direction to respondent to decide the representations 12.04.2019 (Annexures P-6 and P-7) by passing a well reasoned and speaking order within a period of one from the date of receipt of certified copy of this order. In case, representations are not decided within aforementioned specified time, there shall be costs of Rs.50,000/- to be paid by the concerned officer to the petitioner.
This Court is sanguine of the fact that reasoning would surface regarding powers of the Commissioner.
| (AMIT RAWAL) JUDGE |
|
|---|---|
| July 19, 2019 savita |
|
| Whether Speaking/Reasoned | Yes/No |
| Whether Reportable | Yes/No |
SAVITA KADIAN 2019.07.23 13:19 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether to entertain the petition considering representations are pending with the competent authority.
Parshant Atkaan
State of Haryana
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
