High CourtsDivision Bench(2012) 02 SHI CK 0075

Er. Naresh Katoch, Senior Executive Engineer, Electrical Division, HPSEB Ltd. Kangra, H.P vs H.P. State Electricity Board Ltd.

High Court Of Himachal Pradesh · Decided on 28 February 2012

HON’BLE JUDGES
Kurian Joseph, J · Dharam Chand Chaudhary, J
CASE NUMBER
CWP No. 4470 of 2011

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Judgment

1 paragraphs · 234 words

Kurian Joseph, C.J.—The only prayer in the writ petition is for a direction to take a decision on Annexure P-12, revision petition filed by the petitioner in the matter of disciplinary action initiated against him. It appears the decision is being delayed on the ground that a criminal case in the matter is pending against the petitioner. But this is a case where the departmental enquiry has already been completed and the disciplinary authority has already imposed a punishment. The matter is at the revisional stage only. Therefore, the revisional authority need not wait for the outcome of the criminal case. The revision has to be decided independently. Therefore, there will be a direction to the revisional authority to decide Annexure P-12, revision petition filed by the petitioner after affording an opportunity of hearing to the petitioner within a period of two months from the date of production of a copy of this judgment by the petitioner before the first respondent. We make it clear that we have not considered the matter on merits. We also make it clear that in case any other action is required and permissible under law depending on the outcome of the criminal case, it will certainly be open to the respondent at that time to subject the petitioner for such action. With the above observation, the writ petition is disposed of, so also the pending applications, if any.