VARINDER PAL SINGH DHOOT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of charge sheet dtd. 14/10/2024 and order dtd. 28/1/2025 whereby respondent No.2 has been appointed as Enquiry Officer. In the alternative, he is praying that Enquiry Officer may be substituted by an Officer who is located around Chandigarh.

(2.) The petitioner was posted as Naib Tehsildar in Majri Block, Tehsil Kharar. He was issued charge sheet with respect to implementation of order dtd. 1/7/2016 passed by Additional Deputy Commissioner (Development)-cum- Collector, SAS Nagar. He has been dismissed from service vide order dtd. 24/2/2025. He has preferred an appeal before Appellate Authority which is still pending. On the basis of audit objection to the effect that there is loss of stamp duty of Rs.7,52,00,000.00, he has been dtd. 14/10/2024. Respondent No.2 has been appointed Enquiry Officer vide order dtd. 28/1/2025. The petitioner claims that employer-employee relation has snapped in view of dismissal order dtd. 24/2/2025, thus, respondent cannot initiate or continue another departmental enquiry.

(3.) Learned counsel for the petitioner submits that petitioner's case is squarely covered by judgment of Hon'ble Supreme Court in State of Maharashtra Vs. Vijay Kumar Aggarwal and another, 2014(13) SCC 198.