CWP No.17483 of 2007 -1- In the High Court of Punjab and Haryana at Chandigarh. Date of decision:02.02.2009. Jagmail Singh ... Petitioner Versus State of Punjab and others ... Respondents. CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Tushar Sharma, Advocate, for the petitioner. Mr. BS Chahal, Senior DAG,Punjab,for the respondents. PERMOD KOHLI, J. (Oral): The petitioner while serving as the Sub Divisional Engineer at Barnala, was in-charge of the improvement work (Widening) of Dhanaula- Bhikhi road. On the basis of the surprise checking on 12.05.2005, certain deficiencies in the execution of the work were detected which relate to the quality of the work. In the meantime, the petitioner retired from service on 31.05.2005 at the age of superannuation. After his retirement, a charge- sheet dated 16.11.2005, Annexure P-4, was served upon him along with summary of imputation. Reply of the petitioner was solicited. The petitioner filed his reply vide Annexure P-5. The petitioner has approached this Court challenging the charge-sheet on the grounds that after the surprise checking, certain payments of the contractors were with-held and later on released in his favour and, thus, the petitioner cannot be held responsible for any alleged loss caused to the state exchequer. The allegation against CWP No.17483 of 2007 -2- the petitioner is of de-relection of duty which constitute service mis- conduct. The respondents are yet to hold an enquiry into the allegations of misconduct. As per Annexure R-1, the Inquiry Officer has already been appointed. At this stage, it is appropriate for this Court not to interfere in the holding of the disciplinary proceedings merely on the ground that the contractor has been released the payments. The allegations against the petitioner are required to be enquired into in accordance with law. In view of the above, this petition is disposed of with a direction to the respondents to conclude the enquiry, in accordance with rules, within a period of five months from the date of receipt of a certified copy of this order by the competent authority. On conclusion of the enquiry, the disciplinary authority will take a decision on the same within one month thereafter, in accordance with the rules. 02.02.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO