Punjab-Haryana High Court
Amandeep Singh vs State Of Punjab And Ors on 3 July, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:082087
CM-3660-CWP-2024 in/and
CWP No. 29487 of 2022
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(222) CM-3660-CWP-2024 in/and
CWP No. 29487 of 2022
Date of Decision : 03.07.2024
Amandeep Singh
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Sukhandeep Singh, Advocate for the petitioner.
Mr. Charanpreet Singh, Assistant Advocate General, Punjab.
***
Harsimran Singh Sethi J. (Oral)
CM-3660-CWP-2024
Present application has been filed for disposal of the main
writ petition in terms of the order passed by this Court in CWP No. 6678
of 2018 titled as Surinder Kumar Sharma Vs. State of Punjab and
others, decided on 07.02.2020.
Notice of the application to the counsel opposite.
Mr. Charanpreet Singh, learned Assistant Advocate General,
Punjab, who is present in Court, accepts notice on behalf of the
respondents.
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Neutral Citation No:=2024:PHHC:082087
CM-3660-CWP-2024 in/and
Keeping in view the averments made in the application,
which are duly supported by an affidavit, the application is allowed and
on the joint request of learned counsel for the parties, the main writ
petition is taken up for hearing today itself.
1. In the present petition, the challenge is to the punishment
order dated 13.05.2022 (Annexure P-14) as well as the order passed in
appeal dated 02.11.2022 (Annexure P-17) by the same authority, which
has passed the order of punishment.
2. Learned counsel for the petitioner argues that the petitioner
was charge-sheeted on 07.01.2020 (Annexure P-3) and the charge-sheet
was issued by the Director, Food and Supplies but, the punishment order
on the basis of the said charge-sheet has been passed by respondent No. 2
i.e. Secretary, Department of Food and Supplies. Learned counsel for the
petitioner submits that the petitioner filed a representation/appeal to the
Secretary, which has also been dismissed on 02.11.2022 by the said
authority.
Learned counsel for the petitioner further submits that the
question of law whether, the punishment order can be passed by the
Secretary, Department of Food and Supplies on a charge-sheet issued by
the Director, Food and Supplies came up for consideration in CWP No.
6678 of 2018 titled as Surinder Kumar Sharma Vs. State of Punjab
and others, decided on 07.02.2020, wherein, in the similar facts, the order
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Neutral Citation No:=2024:PHHC:082087
CM-3660-CWP-2024 in/and
passed by the Secretary, Department of Food and Supplies, Punjab was
held to be bad, hence, the order of punishment dated 13.05.2022
(Annexure P-14) as well as order rejecting the representation/appeal dated
02.11.2022 (Annexure P-17) by the said authority may kindly be set-
aside.
3. Learned State counsel has not been able to dispute the settled
principle of law settled by the Co-ordinate Bench in Surinder Kumar
Sharma (supra).
4. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
5. The only question which has been raised by the learned
counsel for the petitioners is whether, on the basis of the charge-sheet
issued by the Director, Food and Supplies, the order of punishment can be
passed by the Secretary, Department of Food and Supplies or not. The
said question has already been decided by the Co-ordinate Bench of this
Court in Surinder Kumar Sharma (supra). The relevant paragraph 3 of
the said judgment is as under :-
"3. Perusal of the reply would not indicate as to how
the statutory rules could not have been followed with regard
to imposition of penalty, especially in the light of Rule 16,
which provides for the punishing authority as well as the
Appellate Authority, according to which Director,
Department of Food, Civil Supplies and Consumer Affairs is
the punishing authority for Assistant Food and Supplies
Officer as well as the Inspectors. The punishment order
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CM-3660-CWP-2024 in/and
dated 28.12.2017 passed by the Principal Secretary, Punjab
Government, Department of Food, Civil Supplies and
Consumer Affairs, Punjab, being in violation of the statutory
rules cannot sustain and is hereby set aside for the simple
reason that by virtue of the said order, the statutory remedy
of appeal would not be available to the petitioner as the
Government is the Appellate Authority as per Rule 16 of the
Rules, referred to above."
6. Learned counsel for the respondents has not been able to
distinguish the facts of the present case with that of Surinder Kumar
Sharma (supra). As, in the present case also the impugned order of
punishment has been passed by the Secretary, Department of Food and
Supplies, whereas the charge-sheet has been issued by the Director Food
and Supplies.
7. Keeping in view the facts and circumstances mentioned
above, the order dated 13.05.2022 (Annexure P-14) as well as the order
passed in appeal dated 02.11.2022 (Annexure P-17) are set-aside and the
case is remanded back to the competent authority to pass the appropriate
order in respect of the charge-sheet dated 07.01.2020.
8. Petition is disposed of in above terms.
July 03, 2024 (HARSIMRAN SINGH SETHI)
kanchan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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