Civil Writ Petition No.7602 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.7602 of 2010. Date of Decision: 08th September,2011. Phul Kumar Gaur ....Petitioner Versus State of Haryana and Others .....Respondents CORAM: HON'BLE MS. JUSTICE NIRMALJIT KAUR Present: Mr.Rajiv Atma Ram Sr. Advocate with Ms.Trishanjli Sharma Advocate for the petitioner. Mr.Anjum Ahmed, Additional Advocate General, Haryana. Mr.Arun Walia Advocate for respondent No.2. Mr.H.N.Mehtani Advocate for respondent No.3. * * * Nirmaljit Kaur, J.(Oral) This is a writ petition under Articles 226/227 of the Constitution of India with a prayer to issue a writ in the nature of certiorari to quash the order of continued suspension dated 19.03.2008 (Annexure P-13) passed by respondent No.2 in light of the FIR lodged under Sections 420, 120B IPC read with section 13(1)(d) of the PC act and for grant of other reliefs. The petitioner was placed under suspension on 19.03.2008. Thereafter, the petitioner along with two others filed CWP No.5002 of 2008 praying for revocation of his suspension order. However, the same was withdrawn vide order date 01.05.2008. Thereafter, the petitioner received memorandum dated 28.07.2008 along with charge sheet under Rule 7 of HCS (P&A) Rules, 1987. In response to the charge-sheet, the petitioner filed his reply dated 18.08.2008. The Enquiry Officer has since completed the enquiry and submitted his report to the Board in July, 2009. It is accordingly contended that despite the fact that the Enquiry Officer has already submitted his report, no decision has been taken by the authorities Civil Writ Petition No.7602 of 2010 2 concerned. The petitioner is waiting for the decision on the enquiry report for the last more than two years. The petitioner also made various representations but the same too have not been decided till date. Learned counsel for the petitioner further submitted that surprisingly, the petitioner is continuing to be kept under suspension and continuing to get subsistence allowance, whereas, the enquiry report was submitted two years ago. Similar CWP No.12316 of 2011 was disposed of vide order dated 15.07.2011. It is further submitted that the charge sheet in the present and in CWP NO.12316 of 2001 is same and even the inquiry reports are common. Accordingly, the present petition is also disposed of in same terms as CWP No.12316 of 2011 with further direction to the respondents i.e. the proper authority to consider the enquiry report dated 14.07.2009 pertaining to the petitioner and pass an appropriate order in accordance with law and also finalize the matter with respect to the disciplinary proceedings qua the petitioner as expeditiously as possible along with the case of Shishya Pal Sethi in CWP No.12316 of 2011. (Nirmaljit Kaur) 08th Sept., 2011. Judge Seema-II