IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5307 of 2001 Date of decision: 10th August, 2010 Ravinder Singh … Petitioner Versus Punjab State Electricity Board and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None. KANWALJIT SINGH AHLUWALIA, J. (ORAL) The petitioner was appointed as a lineman in the respondent-Board. In the present writ petition, it has been prayed that order dated 11th September, 2000 (Annexure P-3) passed by the respondent No.2, whereby fresh enquiry was ordered against the petitioner relating to chargesheet dated 19th January, 1987, be quashed, being arbitrary, unjustified and unreasonable in the facts and circumstances of the case. In pursuance of an advertisement issued by the Board, the petitioner was selected and appointed as a lineman and he joined his duties on 28th November, 1985. On 19th January, 1987, the petitioner was served with a chargesheet that at the time of investigation he had produced an experience certificate, which was bogus. Petitioner submitted reply to the chargesheet, but the punishing authority terminated the services of the petitioner on 2nd January, 1996. The petitioner assailed the order of termination of his services by raising an industrial dispute. The Labour Court, vide Award dated 28th January, 1999 (Annexure P-2), Civil Writ Petition No.5307 of 2001 held the termination of services of the petitioner to be illegal and he was ordered to be reinstated with continuity of service and full back wages. In pursuance of the Award (Annexure P-2) passed by the Labour Court, petitioner was reinstated into service on 16th March, 2000. Thereafter, impugned order dated 11th September, 2000 (Annexure P-3) was passed and Er.S.D. Malaika, Additional Superintending Engineer, Western Division, Amritsar was appointed as Enquiry Officer to enquire into the charges against the petitioner in pursuance of chargesheet dated 19th January, 1987. The impugned order (Annexure P-3) was stayed by a Division Bench of this Court on 17th April, 2001 and thereafter, the writ petition was admitted. In pursuance of his appointment, the petitioner is continuing in service of the Board since the year 1985. The Labour Court held the termination of the petitioner to be bad and ordered for his reinstatement into service with continuity of service and full back wages. Petitioner is performing his duties for the last 15 years. Counsel for the petitioner is not available to state as to whether during the last 15 years, petitioner has been promoted or not. This Court is of the view that by serving the Board, petitioner has gained sufficient experience. It is not on record as to whether any criminal action was initiated against the petitioner or not. Since the petitioner has been reinstated into service in compliance of the Award of the Labour Court (Annexure P-2), it is too late now in the day to persist with the chargesheet. Hence, the present writ petition is accepted and the impugned order (Annexure P-3) along with all subsequent proceedings is hereby quashed with no order as to costs. [KANWALJIT SINGH AHLUWALIA] JUDGE August 10, 2010 rps 2