C.W.P. No.18580 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.18580 of 2011 Date of Decision: 30.09.2011 Krishna Malik ....Petitioner Versus State of Haryana and others ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. D.V.Sharma, Sr. Advocate with Ms.Shivani Sharma, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) The petitioner, herein, has challenged the suspension order dated 15.10.2007 (Annexure P-6), Charge sheet dated 31.03.2008 (Annexure P-10), Show Cause Notice dated 08.09.2011 and the Inquiry Report Annexure P-16. The same has been challenged inter-alia on various grounds including the fact that the charge sheet can be issued only by the disciplinary authority which is the Managing Committee in the present case, whereas, the same has been issued by the General Secretary of the Society. Secondly, the issuance of Show Cause Notice after holding that all the charges have been proved against the petitioner, even though he was exonerated in some of the charges by the Inquiry Officer is against the law laid down by Hon'ble the Apex Court in the case titled as Yoginath D.Vagde vs.State of Maharashtra and another reported as 1999(4) RSJ C.W.P. No.18580 of 2011 2 265. Before differing with the findings of the Inquiry Officer, the competent authority has to issue a show-cause notice giving the reasons for differing with the Inquiry Officer and after obtaining the reply to the show-cause notice for differing with the Inquiry Officer, only then further action could have been taken by the management. Heard. It is evident from the Show Cause Notice (Annexure P-16) that the petitioner was required to reply to the same within 21 days. It is admitted that the petitioner has since submitted his reply to the Show Cause Notice. We have no doubt that the Competent Authority shall duly consider in accordance with law all the pleas raised in the said reply of the petitioner filed in pursuance to the Show Cause Notice. As such, the present petition is pre-mature. Accordingly, the same is disposed of, at this stage, with liberty to the petitioner to raise all the pleas before the appropriate authority, in case, any adverse order is passed against him. (NIRMALJIT KAUR) 30.09.2011 JUDGE gurpreet