Arshdeep Singh vs State Of Punjab And Others

Punjab-Haryana High Court

Arshdeep Singh vs State Of Punjab And Others on 8 April, 2024

                                       Neutral Citation No:=2024:PHHC:047425



                                            2024:PHHC:047425
             IN THE HIGH COURT OF PUNJAB & HARYANA
                          AT CHANDIGARH
338
                                                       CWP-15396-2023 (O&M)
                                                       Date of decision: 08.04.2024

Arshdeep Singh
                                                                          ....Petitioner
                                 Versus

State of Punjab and Others
                                                                       ...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                  *****
Present : Mr. K.B. Raheja, Advocate for the petitioner (Through V.C.)

       Mr. Arun Gupta, DAG Punjab
                             *****
AMAN CHAUDHARY. J. (ORAL)

1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to allow the petitioner to join as clerk in the Secretariat as per the result declared vide memo No.1/23/2021-4A4/140..

2. Learned counsel would contend that the candidature of the petitioner has been rejected primarily on the ground of lodging of FIR, wherein the police had declared him innocent and the cancellation report stands presented. He places reliance on the judgments passed in the cases of Pardeep vs. State of Haryana and Others, (2014) 2 SLR 610, Anil Thakur vs. State of H.P., (2015) 1 HimLR 542, Ramesh Bishnoi vs. Union of India, (2018) WLN 273, Ankur Sangwan vs. Union of India and Others, (2016) 4 AD (Delhi) 161, Pritam vs. State of Bihar, (2018) 4 PLJR 572 and Joginder Singh vs. Union Territory of Chandigarh, (2015) 2 SCC 377. He thus, at this stage, on instructions, submits that the petitioner would be satisfied, in case, a direction is given to the State to decide and consider the claim of the petitioner, in terms of the aforesaid judgments 1 of 2 ::: Downloaded on - 10-04-2024 03:20:24 ::: Neutral Citation No:=2024:PHHC:047425 CWP-15396-2023 (O&M) -2- in a time bound manner by granting him an opportunity of hearing.

3. Learned State counsel has no objection to the limited prayer made. 4 In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondents to consider and decide the claim of the petitioner taking note of the judgments referred to above as also the pleas raised, within a period of 3 months and if found entitled, necessary benefits be granted to the petitioner forthwith. However, in the eventuality of the relief being denied, a speaking order be passed, after associating him therewith.




                                                  (AMAN CHAUDHARY)
                                                        JUDGE
08.04.2024
M.Kamra

      Whether speaking/reasoned               :      Yes / No
      Whether reportable                      :      Yes / No




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