COCP No.1929 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1929 of 2009(O&M) Date of decision: 8.12.2009 Kamaljit Kaur Verma ......Petitioner(s) Versus Shri A.R. Talwar and another ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Gurvinder S. Bhatti, Advocate for the petitioner. Mr. M.C. Berry, Additional Advocate General, Punjab. Rakesh Kumar Garg, J.(Oral) CM No.25294-CII of 2009 Application is allowed subject to all just exceptions. COCP No.1929 of 2009 Reply filed on behalf of respondent No. 2 in Court today is taken on record. The grievance of the petitioner is that in spite of the fact that in a fact finding inquiry the action was recommended against respondent No.3 and a direction was given to the Principal Secretary, Home, Government of Punjab and the Director General of Police, Punjab to take cognizance of the said report and to take appropriate action against respondent No.3, the respondents have failed to do the needful. In response to the show cause notice issued by this Court, separate replies have been filed on behalf of the respondents. The relevant part of the affidavit of respondent No.1 reads as follows: “4. That in view of the Inquiry Report of SSP Khanna, the Director General of Police Punjab vide letter COCP No.1929 of 2009(O&M) 2 No.2493/Cons.SA-2 dated 29.1.2008 has recommended to the Govt. to initiate departmental action against Sh. Kashmir Singh Bhinder, DSP (now SP). The State Government considered the matter and issued charge- sheet for imposing major punishment under rule 8 read with rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 to Sh. Kashmir Singh Bhinder (respondent No.3 in CWP No.7100 to 2008) vide Memo No.14/28/07-4H3/1312 dated 6.6.2008 to file his reply within 20 days. Sh. Kashmir Singh received charge- sheet on 17.6.2008. Sh. Kashmir Singh vide letter dated 25.8.2008 requested to supply copies of documents relating to the inquiry. After receiving documents he submitted reply of charge-sheet on 20.3.2009. For imposing major penalty procedure laid down in rule 8 of the rules ibid is being followed. 5. That on receipt of reply of charge-sheet the Government has decided to initiate regular departmental enquiry under sub-rule (1) and (2) of rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 against Sh. Kashmir Singh Bhinder. Sh. Paramjit Singh Gill, IPS, Deputy Inspector General of Police, Computer and Telecommunication has been appointed as Enquiry Officer vide Order No.14/28/2007-4H3/1493-1496 dated 18.6.2009 to enquire the truth of the allegations levelled against Sh. Kashmir Singh Bhinder within two months. 6. That Enquiry Officer vide his letter No.164/PA/DIG/C&T dated 7.9.2009 has intimated to COCP No.1929 of 2009(O&M) 3 the Government that Sh. Kashmir Singh Bhinder has been deputed to J& K State in connection with law & order duty. Enquiry Officer vide No.204/DIG/C&T dated 6.10.2009 has further intimated that Sh. Kashmir Singh Bhinder is still on law & order duty in J& K and will remain there upto 30.11.2009. 7. That in view of the above, the inquiry has not been completed so far. The Enquiry Officer has again been requested to direct Sh. Bhinder to attend the regular inquiry after 30.11.2009. After the completion of inquiry preferably within a period of 2 months, further action will be taken against the delinquent officer as per findings of the inquiry.” In view of the aforesaid reply filed, I am not inclined to proceed further in this contempt petition. Rule discharged. December 8, 2009 (RAKESH KUMAR GARG) ps JUDGE