CWP No.3077 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.3077 of 2010 Date of Decision: 22.02.2010 **** Gurcharan Dass Sharma . . . . Petitioner VS. State of Punjab and another . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers 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? **** Present: Mr. Amit Sharma, Advocate for the petitioner ***** SURYA KANT J. (ORAL) (1). The petitioner retired as an Assistant Food & Supplies Officer from the Department of Food, Civil Supplies and Consumer Affairs, Government of Punjab. After his retirement on 30.09.2005, he was served with a charge- sheet on 12.06.2006 for an alleged misconduct pertaining to the year 2002-2003. (2). In terms of Rule 2.2(b) of the Punjab Civil Services Rules Volume-II, the enquiry was held and pursuant thereto, the punishment order of effecting recovery from the petitioner was passed on 18.10.2007 (Annexure P8). (3). Immediate thereafter, the petitioner preferred a statutory appeal on 30.11.2007 (Annexure P9) but the same has not been decided so far by the Appellate CWP No.3077 of 2010.doc - 2 – Authority despite the reminder dated 25.04.2008 (Annexure P10) followed by a Legal Notice dated 26.10.2009 (Annexure P11) served on behalf of the petitioner. (4). Aggrieved, the petitioner has approached this Court. (5). One of the contentions raised on behalf of the petitioner is that no charge-sheet could be issued to him after his retirement, in terms of Rule 2.2(b) of the Rules ibid in relation to an alleged misconduct dating back to year 2002-03. (6). Having heard learned counsel for the petitioner and keeping in view the fact that the statutory appeal filed by the petitioner is still pending and the above-stated contention can be raised by him before the Appellate Authority (if so required, by submitting a supplementary representation/appeal), I deem it appropriate to dispose of this writ petition with a direction to the Appellate Authority to decide the petitioner’s pending appeal by 31st May, 2010 by passing a speaking order and if so require after affording an opportunity of personal hearing. The Appellate Authority shall be obligated to specifically deal with the contention raised/to be raised on behalf of the petitioner that the subject disciplinary proceedings could not be initiated against him being CWP No.3077 of 2010.doc - 3 – expressly barred under the Rules ibid/Punjab Civil Services (Punishment and Appeal) Rules, 1970. (7). Ordered accordingly. (8). Dasti . (SURYA KANT) JUDGE 22.02.2010 vishal shonkar