Citation : 2024 Latest Caselaw 17917 P&H
Judgement Date : 25 September, 2024
Neutral Citation No:=2024:PHHC:127313
129 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-23908
23908-2024 (O&M)
Date of Decision : 25
25-09-2024
ROSHAN KUMARI ........Petitioner
VERSUS
STATE OF HARYANA AND OTHERS ........Respondent(s)
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. H.S Dhindsa, Advocate for the petitioner.
Mr. Saurabh Girdhar, AAG Haryana.
***
HARSIMRAN SINGH SETHI, J. (Oral)
In the present petition, the grievance of the petitioner is that the
petitioner has filed filed a private complaint against some of the officials working
in the Department and no action is taken on the said complaint by the
Judicial Magistrate who dismissed the criminal complaints vide judgment
dated 20.05.2023 (Annexure P-14 P 14 to P P-16) as, the sanction ion required to
prosecute those officers had nott been given by the Department, and plea of
the petitioner is pending consideration in appeal.
Learned counsel for the petitioner submits that the petitioner
has also filed representations dated 03.10.2022 Annexure P-4 to P-6 6 so as to
grant sanction to the promotion, which are still pending with the respondents
and the respondents are sitting over the same, which is causing prejudice.
Notice of Motion.
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Neutral Citation No:=2024:PHHC:127313
Mr. Saurabh Girdhar, AAG Haryana on instructions from Mr.
Ravi Kant, Inspector, Food and Supplies, Haryana submits that an
appropriate order on the representations dated 03.10.2022 (Annexures P-4 to
P-6) of the petitioner will be passed by respondents within a period of 2
weeks from today. Learned State counsel further submits that in case, it is
found feasible to accept the claim of the petitioner, the same will be
accepted, otherwise due reasons will be mentioned for not accepting the
claim of the petitioner in the speaking order to be passed, which will be
conveyed to her.
Learned counsel for the petitioner submits that keeping in view
the statement of the learned counsel for the respondents, present petition
may kindly be disposed of as having been not pressed any further.
Ordered accordingly.
As the prayer of the petitioner is for grant of sanction against
the officials of the Department, the Department should also take into
consideration the stand of the said officials of the Department before passing
an order on the representations of the petitioner, in case , the other officials
of the Department are likely to be affected by the outcome of the said
representations, they be also afforded opportunity to represent this case qua
the averment raised by the petitioner so as to arrive at a proper decision.
Pending application, if any, also stands disposed of.
25-09-2024 (HARSIMRAN SINGH SETHI)
Sapna Goyal
JUDGE
NOTE: Whether speaking: YES/NO
Whether reportable: YES/NO
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