IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.9876 of 1989 (O&M) Date of decision:15.03.2011 Shri Gurdial Singh and others ....Petitioners versus The State of Punjab and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: None for the petitioners. Ms. Rita Kohli, Additional Advocate General, Punjab. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The writ petition was filed by the petitioners questioning the charge-sheet issued by the Vigilance Department for misappropriation. The petitioners challenged the charge-sheet on the ground that the same had been issued after a long gap of 10 years. At the stage of interim order, this Court was not prepared to take that to be relevant and directed the enquiry to go on but ordered that the final order ought not to be passed till the conclusion of the writ petition. There is no representation for the petitioners. The counsel for the respondents is present and states that the enquiry had been completed and the enquiry revealed that the petitioners had been guilty of charges. The fact of conclusion of enquiry Civil Writ Petition No.9876 of 1989 (O&M) - 2 - has been brought through an affidavit of the Joint Secretary. The petitioners have had the benefit of stay and they had continued in service. The petitioners are not here to assail the finding and I would, therefore, take that the finding has become final. The disciplinary authority may take appropriate decision by proceeding to pass a final order of punishment, but have due regard of the fact that the petitioners had the benefit of stay and they had continued in service. Needless to say that the punishment shall conform to the relevant rules and any procedure that may be prescribed by issuing the order relating to the punishment. If under the rules, any procedure is laid down for giving notice to the petitioners, the same may also be observed. The persons aggrieved shall have an independent cause of action for challenge to the punishment, if they are so advised in the manner provided by law. 2. The writ petition is disposed of with the above directions. (K.KANNAN) JUDGE 15.03.2011 sanjeev