LAWS(P&H)-2020-2-59

SURINDER KUMAR SHARMA Vs. STATE OF PUNJAB

Decided On February 07, 2020
SURINDER KUMAR SHARMA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) On 31.01.2020, following order was passed:-

(2.) In pursuance to the said order, reply to the writ petition has been filed by the respondents.

(3.) Perusal of the reply would not indicate as to how the statutory rules could not have been followed with regard to imposition of penalty, especially in the light of Rule 16, which provides for the punishing authority as well as the Appellate Authority, according to which Director, Department of Food, Civil Supplies and Consumer Affairs is the punishing authority for Assistant Food and Supplies Officer as well as the Inspectors. The punishment order dated 28.12.2017 passed by the Principal Secretary, Punjab Government, Department of Food, Civil Supplies and Consumer Affairs, Punjab, being in violation of the statutory rules cannot sustain and is hereby set aside for the simple reason that by virtue of the said order, the statutory remedy of appeal would not be available to the petitioner as the Government is the Appellate Authority as per Rule 16 of the Rules, referred to above.