Punjab-Haryana High Court
Kulwant Singh vs State Of Punjab And Others on 1 April, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:042922
CWP-7269-2024 1 2024:PHHC:042922
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
***
CWP-7269-2024
Date of decision : 01.04.2024
Kulwant Singh
... Petitioner
Versus
Minister Incharge, Department of Water Resources-cum-Appellate
Authority and others
... Respondents
CORAM: HON'BLE MR.JUSTICE VIKAS BAHL
Present: Mr.P.S. Khurana, Advocate
for the petitioner.
Mr.T.P.S. Walia, AAG, Punjab.
VIKAS BAHL, J.(ORAL)
1. This is a civil writ petition filed under Article 226/227 of the
Constitution of India for issuance of a writ in the nature of certiorari
quashing the impugned order dated 21.02.2024 (Annexure P-1) passed by
the Appellate Authority-respondent no.1 and the impugned order dated
06.12.2023 (Annexure P-2) passed by respondent no.3 whereby the
petitioner has been dismissed from service while serving on the post of
Ziledar as per Rule (ix) of the Punjab Civil Services (Punishment and
Appeal) Rules, 1970 read with Rule 9 of the Punjab Department of Water
Resources (Technical Service) Subordinate Officers, Group B Service
Rules, 2023.
2. Learned counsel for the petitioner has submitted that the
petitioner had filed a statutory appeal under Rule 15 of the Punjab Civil
Services (Punishment and Appeal Rules), 1970 read with Rule 8 of the
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Punjab Department of Water Resources (Technical Service) Subordinate
Offices, Group 'B' Rules, 2023 against the order dated 06.12.2023, relieving
the petitioner from service. Learned counsel for the petitioner has referred
to the memo of appeal (Annexure P-8) to show that several points were
raised by the petitioner in the said appeal. It is submitted that the said appeal
has been dismissed by passing a two line cryptic order dated 21.02.2024, the
relevant portion of which has been highlighted and has been reproduced
hereinbelow:-
"In reference to the subjected cited above, it is hereby written that
appeal which was filed by Shri Kulwant Singh, Ziledar (dismissed) before
Hon'ble Minister of Water Resources Minister (appellate authority) and
after granting an opportunity of hearing, this appeal stands dismissed."
3. Learned counsel for the petitioner has relied upon the judgment
of the Hon'ble Supreme Court of India in the case of Bolin Chetia vs.
Jogadish Bhuyan & Ors. reported as 2005(6) SCC 81 to contend that since
an appeal gives a valuable statutory right to the appellant, the appellate
Court/authority must record the questions posed and argued and reasons for
its disagreement. It is submitted that on the said short ground alone, the
impugned order dated 21.02.2024, which is cryptic and non-speaking,
deserves to be set aside and the matter deserves to be remanded to the
competent authority to decide the appeal after passing a speaking order, in
accordance with law.
4. Learned State counsel has submitted that the statutory appeal of
the petitioner would be re-considered by the competent authority and a
speaking order on the same would be passed within a period of two months
from the date of receipt of the certified copy of the present order.
5. Keeping in view the above said facts and circumstances, the
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Neutral Citation No:=2024:PHHC:042922
CWP-7269-2024 3 2024:PHHC:042922
present petition is partly allowed and the order dated 21.02.2024 is set aside
and the competent authority of respondent no.1 is directed to re-consider
and re-decide the statutory appeal (Annexure P-8) filed by the petitioner, in
accordance with law, after passing a speaking order and after granting an
opportunity of hearing to the petitioner, as expeditiously as possible,
preferably within a period of two months from the date of the receipt of the
certified copy of the present order.
(VIKAS BAHL)
JUDGE
April 01, 2024
Davinder Kumar
Whether speaking / reasoned Yes/No
Whether reportable Yes/No
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