C.W.P. No.16127 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.16127 of 2011 Date of Decision: 01.09.2011 Anoop Singh ....Petitioner Versus Haryana State Agricultural Marketing Board etc. ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. R.K. Malik, Sr. Advocate with Ms. Renu, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) The present petition has been filed with a prayer to quash the order dated 05.08.2011 (Annexure P-3) vide which it is alleged that the enquiry report has been accepted without calling the comments of the petitioner and has been held guilty. Learned counsel for the petitioner while impugning the said order submitted that a perusal of the amended Memorandum shows that the petitioner has been held guilty even before taking into consideration the representation, whereas, the Punishing Authority could not come to such a conclusion without giving an opportunity to the petitioner to file a detailed reply after receiving the enquiry report. The said amended Memorandum dated 05.08.2011 is, therefore, against the well settled proposition of law. Learned counsel for the petitioner has been heard. C.W.P. No.16127 of 2011 2 The impugned amended Memorandum (Annexure P-3) has been perused by this Court. The same is not happily worded. At the same time, it is evident that it is a Show Cause Notice to the petitioner to file his representation against the enquiry report which shall be considered by the Punishing Authority before taking the proposed action of dismissal from service. It is evident that the petitioner has not submitted any reply in response to Annexure P-3 dated 05.08.2011. In view of the above, the present petition is disposed of with liberty to the petitioner to submit a detailed reply within two weeks from today. The said reply shall be considered by the Punishing Authority without any bias. He shall reconsider the enquiry report in the light of petitioner's reply and thereafter conclude as to whether the petitioner is guilty or not and take decision within two months from the receipt of the reply to the said Show Cause Notice. (NIRMALJIT KAUR) 01.09.2011 JUDGE gurpreet