CWP No.20516 of 2010 Date of decision : 6.1.2011 Som Nath Vs. State of Punjab and another. Present: Mr.Vivek Sharma Advocate for the petitioner. Ms.Anu Pal, AAG, Punjab. * * * Permod Kohli, J. The petitioner has approached this Court with the following prayers:- (i) issue a writ in the nature of Certiorari, quashing the charge-sheet dated 17.10.2008 (Annexure P-9), being issued against the judgment passed by this Hon’ble Court, wherein the direction was to conclude the enquiry by 22.12.2007. (ii) Further to quash enquiry report dated 02.02.2010 (Annexure P-11) as there was no evidence to prove the charges against the petitioner and the enquiry report is on the basis of presumption. (iii) Further to quash order dated 24.6.2010 issued on 06.07.2010 (Annexure P-12) vide which the respondents in a totally illegal and arbitrary manner has punished the petitioner by imposing penalty of stoppage of one increment with cumulative effects without any fault of his and also. (iv) It is further prayed that this Hon’ble Court may please issue a writ in the nature of mandamus directing respondents to consider the period from 20.9.2000 to 16.2.2001 be considered as on duty and the salary of the entire period be granted to the petitioner. (v) It is further prayed that this Hon’ble Court may please issue a writ in the nature of mandamus directing the respondents to fix the pay scale of the petitioner correctly CWP No.20516 of 2010 after giving an increment w.e.f. year 2000, which the respondents have till date not granted to the petitioner and accordingly pay of the petitioner be fixed. (vi) It is further prayed that this Hon’ble Court may please issue a writ in the nature or mandamus directing the respondents to open the sealed cover of promotion case of the petitioner for the post of Punjab Education Service Group-A post, considered by the department promotion committee held on 07.01.2009 and the petitioner be considered for further promotion to Punjab Education Service Group-A, Post w.e.f.22.12.2009, the date, the junior of the petitioner has been promoted and all consequential benefits with regard to fixation of pay, seniority be granted to the petitioner etc. (vii) Any other writ order or direction this Hon’ble Court may deem fit and proper in the peculiar facts and circumstances of this case. (viii) It is further prayed that this Hon’ble court may please stay the operation of impugned notice dated 06.07.2010 (Annexure P-12) during the pendency of this writ petition, in view of facts and circumstances mentioned herein. (ix) To call for the record of the case pertaining to this Writ petition; (x) To dispense with the service of advance notice to the respondents; (xi) To dispense with the filing of certified copies of Annexures alongwith this writ petition. Insofar as the prayer Nos.(i) to (iii) are concerned, learned State counsel submits that the order of punishment has already been withdrawn. Insofar as the prayer No.(iv) is concerned, it is stated that the period from 20.9.2000 to 16.2.2001, shall be treated as leave of the kind due. Regarding 2 CWP No.20516 of 2010 prayer No.(v), it is further stated by the learned State counsel that pay shall be re-fixed in the light of the punishment awarded to the petitioner. In respect of prayer No.(vi), it is stated on behalf of respondents that case of the petitioner shall be considered by the departmental promotion committee. Counsel for the petitioner is satisfied with above statement. In view of the above, let the entire exercise be completed within a period of three months. This petition is disposed of with the above directions. ( Permod Kohli ) Judge 06.01.2011 sd 3