C.W.P No. 508 of 2001 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 508 of 2001 Date of decision : January 31, 2009 The Bhuna Co-operative Sugar Mills Ltd, Bhuna ...... Petitioner (s) v. The State of Haryana and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. R.K.Malik, Sr. Advocate with Mr.Yashdeep Singh, Advocate for the petitioner. Mr.Harish Rathee, Sr. DAG Haryana for respondents No.1 and 2. Mr.J.S.Dahiya, Advocate for respondent No.3. *** 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 ? *** AJAY TEWARI, J (Oral) The dispute in this case relates to the dismissal of respondent No.3. Counsel for the petitioner has urged that under the bye-laws, the appeal lay before the Board of Directors and instead of accepting this objection respondent No.2 proceeded to decide the appeal unauthorisedly and set aside the order of termination of respondent No.3. C.W.P No. 508 of 2001 ::2:: Counsel for respondent No.3 has urged that there is nothing illegal about the order of respondent No.2. Be that as it may, the fact remains that respondent No.3 was found guilty as the result of an exparte inquiry. In my opinion, it would be in the interest of justice, if a fresh inquiry, as envisaged by the impugned order, is carried out first. In the circumstances, with the agreement of learned counsel for the parties, it is directed that a fresh charge sheet will be served by the competent authority as on date on respondent No.3 within a period of two weeks from the receipt of a certified copy of this order. Respondent No.3 will file his reply thereto within a further period of four weeks and after considering the reply, the petitioner will conclude the proceedings within a period of three months thereafter provided that respondent No.3 does not obstruct the same. It is further made clear that under the impugned order of reinstatement, respondent No.3 shall not be entitled to get any salary for the period he remained out of service till the conclusion of the disciplinary proceedings. Needless to say that in case the said proceedings find him guilty, respondent No.3 will not be entitled to any remuneration. However, in case the disciplinary proceedings end in exoneration, the petitioner shall release to respondent No.3 all his arrears and consequential benefits within a period of one month from the date of such exoneration and reinstate him forthwith in job. Writ petition stands disposed of. ( AJAY TEWARI ) January 31, 2009. JUDGE `kk' C.W.P No. 508 of 2001 ::3::