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High CourtsDivision Bench(2020) 11 SHI CK 0079

Balbir Singh vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 6 November 2020

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
CASE NUMBER
Civil Writ Petition No. 2848 Of 2020

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Judgment

8 paragraphs · 317 words

Tarlok Singh Chauhan, J

1.

Aggrieved by the order of de-novo inquiry, the petitioner has approached this Court for the grant of following substantive relief:-

(i) "That inquiry proceedings which have been delay against the petitioner by issuance of charge sheet which culminated in the communication dated 29th June, 2020 may be quashed and set aside. The inquiry proceedings may be closed against the petitioner with further direction to respondents to grant all services benefits such as promotion etc. to the petition with all consequential benefits from due date."

2.

Vide order dated 27.10.2020, we directed the respondents to clarify as to whether fresh inquiry would be conducted or there would be a fresh appreciation of facts and evidence.

3.

Learned Additional Advocate General has now placed on record clarification dated 27.10.2020, received from the office of Deputy Commissioner, Solan, the relevant portion whereof reads as under:-

"In this regard, it is submitted that vide this office letter No.SK/4-3030/2016-7385 dated 29th June, 2020 the undersigned had directed Sub-Divisional Officer (C), Nalagarh to relook specific points which were not included in his inquiry report with respect to the departmental enquiry No.SK/4-303/2016 initiated against the petitioner Sh. Balbir Singh, Kanungo, Nalagarh. It is further intimated that no fresh or de novo enquiry has been ordered by the undersigned and the Inquiry Officer has only been directed to re-look the evidences/material on the record and to correct the infirmities pointed out in above referred letter as observed by the undersigned in the report that was presented."

4.

Accordingly, the present petition is disposed of by directing the Inquiry Officer to re-look into the evidence and material on record and complete the inquiry within three week from today and thereafter consequential orders be passed by the disciplinary authority within a further period of two weeks. Pending application(s), if any, shall also stand disposed of.

For compliance, to come up on 18.12.2020.