IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO.4719 OF 2009 DATE OF DECISION: 25.3.2009 Suresh Kumar ...Petitioner VERSUS Hon'ble Punjab & Haryana High Court and another …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.S.K.Sharma, Advocate for the petitioner Permod Kohli, J. (Oral) The petitioner is serving as Nazir in the Court of Civil Judge (Sr.Division), Sangrur. He was issued a charge-sheet dated 6.8.2008 (Annexure P-15). The petitioner filed his reply (Annexure P-16) to the Charge-sheet. Having not satisfied with the reply, a regular departmental enquiry was conducted. Enquiring Authority submitted its report dated 30.8.2006 exonerating the petitioner. The disciplinary authority, however, disagreed with the findings contained in the enquiry report and recorded reasons vide his order dated 28.1.2009 (Annexure P-19). Vide Memo No.1255/EB dated 11.2.2009 (Annexure P-18), the disciplinary authority issued a show-cause notice for imposition of major penalties on the petitioner as provided under Rule 5 Sub Rule (v) to (ix) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. Learned counsel for the CWP NO.4719 OF 2009 :2: petitioner submits that the petitioner has already submitted reply to the show-cause notice. The petitioner has challenged the aforesaid order and notice (Annexure P-19 & P-18) passed by the District & Sessions Judge, Sangrur i.e. the disciplinary authority whereby he disagreed with the enquiry report and proceeded to pursue the show-cause notice for imposing major punishment. I have heard learned counsel for the petitioner and perused the paper- book. It is settled proposition of law that the disciplinary authority has a right to disagree with the enquiry report. The only requirement to such situation is that he must record reasons for such disagreement. The disciplinary authority has recorded reasons and show cause notice was issued to the petitioner. There does not seem to be any valid ground to interfere at this stage. Learned counsel for the petitioner submits that at least the disciplinary authority be directed to take a final decision within specified time. This prayer is worth consideration. In view of the above, this petition is disposed of with a direction to the competent authority to take a final decision in the matter within a period of three months from the date a certified copy of this order is served upon respondent no.2. The petitioner would be at liberty to challenge order if any that may be passed against him by the disciplinary authority. (PERMOD KOHLI) JUDGE 25.3.2009 MFK