Raminder Kaur vs Punjabi University, Patiala on 31 July, 2024

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Punjab-Haryana High Court

Raminder Kaur vs Punjabi University, Patiala on 31 July, 2024

Bench: Harsimran Singh Sethi

                                      Neutral Citation No:=2024:PHHC:097040




CWP No. 17970 of 2024
                                        1

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

(125)                                  CWP No. 17970 of 2024
                                       Date of Decision : 31.07.2024
Raminder Kaur
                                                                  ...Petitioner

                                Versus
Punjabi University, Patiala
                                                                ...Respondent

CORAM:       HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:     Mr. D.S. Patwalia, Senior Advocate with
             Mr. Gaurav Rana, Advocate for the petitioner.

          Mr. Premjit Singh Hundal, Advocate
          for the respondent-University.
          ***
Harsimran Singh Sethi J. (Oral)

1. In the present petition, the grievance being raised by the petitioner is that the petitioner has been dismissed from service vide impugned order dated 23.07.2024 (Annexure P-11) while working on the post of Superintendent.

2. Learned senior counsel appearing on behalf of the petitioner, inter-alia, submits that the order of dismissal is based upon the departmental enquiry and the enquiry report, on the basis of which the action has been taken to pass the impugned order, was never supplied to the petitioner and without giving any opportunity to the petitioner to raise objection qua the findings in the enquiry report straightaway the same has been accepted and action has been taken against the petitioner, which is contrary to the settled principle of law settled by the Hon'ble Supreme Court of India in Managing Director, ECIL, Hyderabad Vs. B. Karunakar, 1993(4) SCC 727, hence, the impugned order cannot be sustained in the eyes of law.

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3. Notice of motion.

4. Mr. Premjit Singh Hundal, Advocate appears and accepts notice on behalf of the respondent-University.

5. Learned counsel appearing on behalf of the respondent- University on instructions from Professor Ashok Kumar Tiwari, Registrar submits that the impugned order dated 23.07.2024 (Annexure P-11) dismissing the petitioner from service be treated as withdrawn with liberty to pass a fresh order after following the due process by furnishing the enquiry report to the petitioner and after considering the objections, the fresh order will be passed in accordance with law as required keeping in view the facts and circumstances of the present case.

6. Learned senior counsel appearing on behalf of the petitioner submits that as the impugned order dated 23.07.2024 (Annexure P-11) has been withdrawn, the present petition be disposed of having been not pressed with liberty to agitate in case, any prejudice is caused to the petitioner either on account of the order withdrawn or on account of fresh order to be passed in the departmental enquiry.

7. Ordered accordingly.

8. As the impugned order has been withdrawn, the petitioner will be placed on the same status as she was enjoying prior to the passing of the impugned order.

July 31, 2024                           (HARSIMRAN SINGH SETHI)
kanchan                                          JUDGE

             Whether speaking/reasoned : Yes
             Whether reportable                : No




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