CWP No. 17234 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CWP No. 17234 of 2011 Date of decision: 14.09.2011 R K Malik ........ Petitioner Versus State of Haryana and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. D S Bali, Sr, Advocate with Ms Neha Mann, Advocate for the petitioner -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition praying for issuance of writ of mandamus directing the respondents to promote the petitioner to the post of Superintending Engineer from the post of Executive Engineer being at Serial No. 1 in the seniority list of the Executive Engineers which fell vacant on 31.07.2011. It is contended that the petitioner is Executive Engineer in the Haryana Urban Development Authority. An FIR No. 545 dated 20.10.2009 under Sections 409, 420, 467, 468, 471, 120-B IPC, P S Faridabad Central was lodged by the petitioner. The matter was enquired into by Enquiry Officer - Shri Amrik Singh, Additional Chief Engineer, HUDA, who after enquiring into the matter submitted his report to the Administrator, HUDA, vide memo No. 4296 dated 20.11.2009. The petitioner along with others were placed under suspension vide order dated 03.12.2009. Thereafter, the CWP No. 17234 of 2011 2 charge sheet was issued on 23.06.2010. The petitioner submitted his reply to the said charge sheet as early as on 22.07.2010. The other persons who were placed under suspension along with the petitioner and were accused in the said FIR, have been ordered to be reinstated without prejudice to the enquiry report, vide order dated 05.08.2010, whereas, the petitioner continues to be remained under suspension. The enquiry Officer has since completed the enquiry on 30.12.2010. The said enquiry report stands submitted. The petitioner submitted his representation in response to the said enquiry report vide his representation dated 10.02.2011. However, no action has been taken by the respondents on the said enquiry report till date. From the above, it is clear that the petitioner is still under suspension whereas, enquiry report stands submitted and no final decision has been taken in pursuance to the same till date. The same is causing great anguish and grievance to the petitioner as now in view of the pending decision on the enquiry report, a person junior to the petitioner has since been handed over the charge. At this stage, without going into the merits, this Court deems it appropriate to dispose of the present writ petition with direction to the appropriate authority to take a final decision on the enquiry report as expeditiously as possible, preferably within three weeks from the date of receipt of the certified copy of this order. Disposed of in the above terms. (Nirmaljit Kaur) Judge 14.09.2011 mohan