This judgment addressed a writ petition seeking reinstatement. The Court held that the petitioner abandoned the department without leave and refused to participate in departmental proceedings, leading to dismissal of the petition.
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.
Sr. No.338
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-1700-1997 Date of decision: 07.04.2022
Munish Kumar Sethi …Petitioner Vs.
State of Haryana and others …Respondents
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: Mr. P.L. Verma, Advocate, For the petitioner.
Mr. R.K.S. Brar, Additional A.G., Haryana.
ARUN MONGA, J. (ORAL)
Petition was filed in the year 1997, inter alia , for issuance of a writ in the nature of mandamus directing the respondents to reinstate the petitioner in service with all consequential relief.
reasoning:-
XXX XXX
“ The explanation given by Shri Munish Kumar Sethi, Junior Engineer (Horticulture) in response to the show cause notice has been carefully examined and found to be unsatisfactory, as he has not given proper reply to show cause notice, issued vide this office memo No.7718/Eiii dated 16.05.1994. He has raised extraneous reasons, which are not relevant to this case. It goes to prove that Shri Munish Kumar Sethi J.E. (Hort) has nothing to say in his defence. Thus he is fully responsible for not handing over the charge and willfully absenting himself from Govt. duty unauthorizedly without proper permission.
Taking into consideration all the facts and circumstances of the case, the charges leveled against Shri Munish Kumar Sethi Junior Engineer (Horticulture) are proved. In my capacity as appointing authority, I hereby remove Shri Munish Kumar Sethi J.E. (Hort) from service. It is, therefore, ordered accordingly.”
VANDANA 2022.04.25 05:55 I attest to the accuracy and integrity of this document
8. Dismissed.
07.04.2022 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
VANDANA 2022.04.25 05:55 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether present hospitalization and suspension alone constitute grounds for punishment without independent enquiry by the department.
Whether the High Court should interfere with the punishment order of removal demotion and dismissal passed by the respondent.
Munish Kumar Sethi
State of Haryana
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
