Supreme Court - Daily Orders
The State Of Haryana vs Dinesh Singh on 19 May, 2023
Author: M.M. Sundresh
Bench: M.M. Sundresh
SLP(C) No. 21335/2022
ITEM NO.24 COURT NO.3 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 21335/2022
(Arising out of impugned final judgment and order dated 08-03-2022
in LPA No. 737/2021 passed by the High Court Of Punjab & Haryana At
Chandigarh)
STATE OF HARYANA & ORS. Petitioner(s)
VERSUS
DINESH SINGH & ANR. Respondent(s)
(IA No. 148850/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 31539/2023 - EXEMPTION FROM FILING O.T., IA No.
31636/2023 - EXEMPTION FROM FILING O.T. and IA No. 31646/2023 -
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 19-05-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s)
Ms. Aishwarya Bhati, A.S.G.
Mr. Alok Sangwan, Sr. A.A.G.
Mr. Sumit Kumar Sharma, Adv.
Mr. Rajat Sangwan, Adv.
Dr. Monika Gusain, AOR
For Respondent(s)
Mr. Rameshwar Singh Malik, Sr. Adv.
Mr. Jitesh Malik, Adv.
Mr. Abhaya Nath Das, Adv.
Mr. Satish Kumar, AOR
Mr. D.S. Chauhan, AOR
Ms. Ruchi Singh, Adv.
Mr. Prashant Kumar, Adv.
Mr. Shikher Badial, Adv.
UPON hearing the counsel, the Court made the following
Signature Not Verified
O R D E R
Digitally signed by SWETA BALODI Date: 2023.05.22 17:25:14 IST Reason: The original records relating to the complaint, which resulted in the non-grant of vigilance clearance, will be produced before the Court on the next date of hearing. The petitioners will file an SLP(C) No. 21335/2022 affidavit stating whether the complaint had resulted in initiation of the disciplinary proceedings, and the orders, if any, passed in the proceedings, shall be produced.
The question is: whether the vigilance clearance in terms of Rule 9 of the Haryana Civil Service (Executive Branch) Rules, 2008, refers to the cut-off date 01.11.2018? It is the contention of the respondents that this would be a correct contextual interpretation, as any other interpretation may result in abuse or harassment on account of a complaint being preferred as to deny promotion to an employee. The petitioners will have to answer this contention. Re-list for final hearing/disposal on a non-miscellaneous day in the month of August 2023.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS COURT MASTER (NSH)