C.W.P. No. 17814 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 17814 of 2009 DATE OF DECISION: November 20, 2009 Daljinder Kaur .........PETITIONER(S) VERSUS State of Punjab and Others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Gagneshwar Walia, Advocate, for the petitioner. AJAI LAMBA, J. (ORAL) This petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing communication dated 15.09.2009 Annexure P-8 passed by Director Education (Secondary Education) respondent no. 2 to District Education Officer, Gurdaspur respondent no. 3. It has been pleaded that the petitioner was appointed as a clerk in the Department of Education, Punjab vide order dated 06.01.1989. The petitioner belongs to a terrorist affected family. As per the condition laid down in the appointment letter, the petitioner was required to pass Punjabi type test within one year from the date of appointment. During the initial years, no type test was conducted by the department. Be that as it may, the petitioner passed Punjabi Type test from Sethi Institute of Commercial C.W.P. No. 17814 of 2009 2 Education, Gurdaspur within one year of her appointment and submitted the certificate dated 30.04.1990 issued by the said institute to the Department in evidence of passing type test. The certificate has been placed on record as Annexure P-2. It has been asserted that an entry was also made in the service book. An inquiry was ordered on the issue of the petitioner having passed type test as there was a complaint that the petitioner has not passed the type test. It was alleged that annual increments were wrongly released to the petitioner as she had not passed the test. The petitioner made a detailed representation that has been placed on record as Annexure P-4 dated 21.09.2008. Be that as it may, learned counsel contends that in the impugned order Annexure P-8 dated 15.09.2009, it has been provided that as per inquiry report allegations levelled against the petitioner of receiving annual increments without passing type test have been proved. Show cause notice, under the circumstances, be issued and then recovery/refixation of pay be done. Learned counsel contends that the payment of salary of the petitioner has been stopped without issuance of any show cause notice as provided under order Annexure P-8 dated 15.09.2009. The matter can be disposed of at this stage itself. Order Annexure P-8 provides that finding has been returned against the petitioner to the effect that the petitioner had not passed type test. The order further provides that show cause notice be issued to the petitioner before effecting recovery and refixation of pay. Under the circumstances, no punitive action could have been taken against the petitioner without issuance of a show cause notice. C.W.P. No. 17814 of 2009 3 The matter is disposed of with directions to the respondents to issue show cause notice to the petitioner and thereafter take action in accordance with law. 20.11.2009 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest?