Gurpreet Singh Khurl Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

Gurpreet Singh Khurl Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief by the court; writ petition disposed of as infructuous after the application under Section 151 CPC was allowed and Annexures R.3/1 and R.3/2 taken on record, the stated grievance having been met by respondent No.3's order dated 13.04.2023 treating the suspension period as duty period with all pending dues, and the fresh Inquiry Report dated 14.11.2024 upholding the experience certificate.

Issue for consideration

Whether the termination notice dated 04.11.2020 and the impugned order dated 04.11.2020 passed by respondent No.3 (suspending the petitioner during pendency of CWP No.26681 of 2013) should be quashed by certiorari. +1 more

Ratio / Principle

In view of the statement made by learned counsel for respondent No.3 that the relief claimed stood duly met (suspension period 04.11.2020 to 16.08.2022 treated as duty period with all pending dues by order dated 13.04.2023, and re-inquiry by an Ex-IAS Officer finding the experience certificate correct, the report dated 14.11.2024 accepted by the Department), the present petition stands disposed of, having become infructuous.

Key takeaways

The application under Section 151 CPC moved by counsel for respondent No.3 was allowed and Annexures R.3/1 and R.3/2 were taken on record.ratio¶11

Detailed headnote1 paragraphs

High Court of Punjab and Haryana (Deepak Gupta, J., oral), 09.01.2025 — Petition by Shri Gurpreet Singh Khurl, appointed Deputy General Manager, seeking certiorari to quash the termination notice dated 04.11.2020 and the impugned order dated 04.11.2020 passed by respondent No.3 (PUNSUP) suspending him during the pendency of CWP No.26681 of 2013, to quash/set aside the Inquiry Report dated 08.03.2017 issued by respondent No.4 and letter dated 10.05.2017, and to restrain coercive action, was DISPOSED OF AS INFRUCTUOUS. Counsel for respondent No.3 stated that by order dated 13.04.2023 (Annexure R.3/1, placed on record under Section 151 CPC) the suspension period (04.11.2020 to 16.08.2022) had been treated as the petitioner's duty period for all intents and purposes with entitlement to all pending dues upon reinstatement on 16.08.2022, and that re-inquiry by an Ex-IAS Officer (Inquiry Report dated 14.11.2024, Annexure R.3/2) found the petitioner's experience certificate to be in order, the report being accepted by the Department. Application allowed; Annexures R.3/1 and R.3/2 taken on record. No precedent was considered or laid down.

S. No.209

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.19176 of 2020 (O&M) Date of Decision:09.01.2025 Shri Gurpreet Singh Khurl .....Pe22oner Vs.

State of Punjab and others .....Respondents

CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:Mr. Abhijeet Singh Rawaley, Advocate for the pe��oner. Mr. Surya Kumar, AAG, Punjab. Mr. H.S. Randhawa, Advocate for respondent No.3- PUNSUP.

DEEPAK GUPTA, J. (Oral)

Learned counsel for respondent No.3 has moved an applica�on under Sec�on 151 CPC for placing on record copy of the order dated 13.04.2023 passed by respondent No.3 – PUNSUP whereby suspension period of the pe��oner (04.11.2020 to 16.08.2022) was treated as his duty period for all intents and purposes upon his reinstatement on 16.08.2022 in the main pe��on as Annexure R.3/1. He also wants to place on record copy of the Inquiry Report dated 14.11.2024 as conducted by respondent No.3 vide which the experience cer�ficate as presented by the pe��oner while securing his appointment as Deputy General Manager has been found to be in order, in the main pe��on as Annexure R.3/2. Copy thereof has been supplied to learned counsel for the pe��oner.

Learned counsel appearing for the non-applicant – pe��oner has no objec�on in allowing the applica�on.

Applica�on is allowed. Annexure R.3/1 and Annexure R.3/2 are taken on record.

CWP No.19176 of 2020

By way of this pe��on, prayer was made by the pe��oner for issuance of a writ in the nature of cer�orari for quashing the termina�on no�ce dated 04.11.2020 and impugned order dated 04.11.2020 passed by respondent No.3 whereby pe��oner was suspended during the pendency of CWP No.26681 of 2013. Further prayer was made for issuance of a writ of cer�orari for quashing/ se?ng aside of the Inquiry Report dated 08.03.2017 issued by respondent No.4 on the basis of which leAer dated 10.05.2017 and impugned termina�on no�ce dated 04.11.2020 and impugned order

RENU 2025.01.09 16:29 I attest to the accuracy and integrity of this document Chandigarh

CWP No.19176 of 2020 (O&M) -2-

dated 04.11.2020 was passed. Prayer was also made to direct the respondents to refrain from taking any coercive ac�on against the pe��oner in view of the inquiry report dated 08.03.2017.

Learned counsel for respondent No.3 has made a statement that since by way of the order dated 13.04.2023 (Annexure R.3/1) passed by respondent No.3, the suspension order (04.11.2020 to 16.08.2022) of the pe��oner has been treated as his duty period for all intents and purposes and he has been held en�tled for all the pending dues, therefore, the relief claimed by the pe��oner has been duly met. It is also submiAed that the inquiry report dated 08.03.2017 also become insignificant as the maAer was got inquired by respondent No.3 from an Ex-IAS Officer and who has found the experience cer�ficate of the pe��oner to be correct and that report (Annexure R.3/2) has been accepted by the Department.

In view of the afore-said statement made by learned counsel for respondent No.3, the present pe��on stands disposed of, having become infructuous.

January 09, 2025 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No

RENU 2025.01.09 16:29 I attest to the accuracy and integrity of this document Chandigarh