IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.22387 of 2010 Date of Decision: December 16, 2010 Hari Pal .....PETITIONER(S) VERSUS State of Punjab & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Vikas Chatrath, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) 1. This civil writ petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari, quashing Order dated 30.8.2010 (Annexure P-21). 2. In brief, learned counsel for the petitioner confines the claim to the extent that direction be issued to the Secretary, State Transport, Punjab, to take a decision in regard to the issue mentioned in Order Annexure P-21. 3. Order dated 30.8.2010 (Annexure P-21) reads as follows:- “The orders issued by the Government vide Endst. CWP No.22387 of 2010 [2] No.1/35/2010/2T3/6346-48 dated 30.07.2010 are hereby withdrawn with immediate effect. Afresh decision will be taken by the Government in the light of comments placed on record on the file by the Director, State Transport vide letter No.3EA2/13715 dated 16.08.2010. The Government has also observed that this position would not have been arisen if the Director State Transport had sent comments in time sought by the Government vide letters Nos.1/35/2010/2T3/3380 dated 12.05.2010 No.3494 dated 29.06.2010, No.5768 dated 08.07.2010 and No.6007 dated 15.07.2010. Therefore, it may be ensured that the requisite information be sent in time to the Government in future. 4. It has been contended that Annexure P-19 is an order passed after taking into account the comments furnished on behalf of the Director, State Transport, yet the above extracted order indicates that the Director had not sent his comments. 5. Be that as it may, since the authority i.e. Secretary, State Transport, is to take a decision afresh, the Writ Court would not show indulgence at this juncture, in the peculiar facts and circumstances of the case. 6. The petition is disposed of with direction to the Secretary, State Transport, Punjab, to take a decision within a period of three months of receipt of a certified copy of this order. In case the petitioner wishes to furnish a representation, needful be done within 10 days from today. (AJAI LAMBA) December 16, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?