Vikram Singh vs State Of Punjab & Ors.

KULDEEP TIWARI, J.(Oral)

Since a common legal issue arises for consideration in all these three writ petitions, the same are amenable for being decided together. Accordingly, with the consent of learned counsel for the parties, the petitions are being taken up together for disposal. For the sake of brevity, the facts are being culled out from CWP No.262 of 2020.

The petitioners have approached this Court during the pendency of the departmental proceedings against them, raising a principal grievance, that, though they have been charge-sheeted, all the documents relied upon in the charge-sheet, as well as, in the preliminary inquiry report have not been supplied to them. Despite non-supplying of the requisite documents, the respondent authorities proceeded to appoint an Enquiry Officer vide order dated 22.11.2019 (Annexure P-7). Consequently, the petitioners have assailed the preliminary inquiry report dated 26.08.2019 (Annexure P-1) submitted by respondent No.4, the subsequent charge-sheet dated 12.09.2019 (Annexure P-2), and the order dated 22.11.2019 (Annexure P-7), whereby, the Enquiry Officer was appointed by respondent No.1.

This Court has heard the matter at length, and is of the considered view that the grievance raised before this Court can be given quietus by directing the respondents to furnish a copy of the preliminary inquiry report dated 26.08.2019, along with all other documents relied upon in the charge-sheet and the complete list of witnesses, etc., to the petitioners, thereby, enabling him to submit fresh responses to the charge-sheet.

On the other hand, learned State counsel submits that all the relevant documents, as required under the applicable procedure, had already been made available to the petitioners, and the Enquiry Officer was appointed only after considering their responses. However, he submits that, in case the petitioners are aggrieved by non-supplying the preliminary inquiry report, or any other requisite documents, the respondents have no objection in furnishing all such documents afresh, and thereafter proceeding with the departmental proceedings to reach to a logical conclusion.

The instant petitions have remained pending before this Court since the year 2020, during which the departmental proceedings have remained stayed pursuant to the interim order dated 08.01.2020. At this stage, this Court, without commenting anything on the merits of the instant matter, is of the considered view that the dispute involved herein, can be given quietus by directing the respondents to supply the aforesaid documents to the petitioners within a period of 30 days from the date of receipt of a certified copy of this order. In response to which, the petitioners shall submit their respective responses to the charge-sheet before the punishing authority within a period of 30 days thereafter, whereupon the competent authority shall proceed further in the matter and take necessary action, in accordance with law.

In view of the above, the order dated 22.11.2019, whereby the authority had decided to appoint the Enquiry Officer, is set aside. The matter is remanded back to the authority concerned to complete the requisite exercise in the manner discussed hereinabove, within the stipulated time.

Disposed of accordingly All pending application(s), if any, also stand disposed of accordingly.