CWP No. 12316 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CWP No. 12316 of 2011 Date of decision: 15.07.2011 Shishya Pal Sethi ........ Petitioner Versus State of Haryana etc. .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. N C Kinra, Advocate for the petitioner -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a writ petition under Articles 226/227 of the Constitution of India with a prayer to issue a writ in the nature of certiorari to quash impugned order dated 19.03.2008 (P11) and order dated 09.03.2009 (P16) and consequently to revoke the suspension of the petitioner by treating the petitioner to be on duty during the period of suspension with further prayer to direct the respondents to decide the representation dated 22.04.2011 (P19) The petitioner was placed under suspension on 19.03.2008. Thereafter, he was served with charge sheet (P13). Then, the petitioner filed CWP No. 21387 of 2008 praying for revocation of his suspension order. The same was disposed of vide order dated 22.12.2008 (P15) with direction to the respondents to decide his representation dated 02.04.2008. However, his said representation was rejected. Thereafter, the petitioner CWP No. 12316 of 2011 2 again filed CWP No. 5666 of 2009 with the same prayer. However, the same was withdrawn by the petitioner on 17.04.2009 (P17) with liberty to convince the appointing authority to revoke his suspension. However, the petitioner did not avail of the said liberty as in the meanwhile, an Enquiry Officer had been appointed to inquire into the charges. The Enquiry Officer has since completed the enquiry and submitted his report dated 14.07.2009 (P18). It is contended that despite the fact that the Enquiry Officer has already submitted its report dated 14.07.2009, no decision has been taken by the authorities concerned. The petitioner is kept waiting for the decision on the enquiry report for the last more than two years. The petitioner also made a representation dated 22.04.2011 (P19) but the same too has not been decided. Surprisingly, the petitioner is continuing to be kept under suspension and continuing to get subsistence allowance, whereas, the enquiry report was submitted two years ago. In view of the above, the present writ petition is disposed of with direction to the respondents i.e. the proper authority to consider the enquiry report dated 14.07.2009 (P18) and proceed further in accordance with law and also finalize the matter with respect to the disciplinary proceedings qua the petitioner as expeditiously as possible, preferably within three months from the date of receipt of the certified copy of this order. (Nirmaljit Kaur) Judge 15.07.2011 mohan