AMARJIT SINGH BHATNAGAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have approached this Court for quashing of charge-sheets dated November 27, 1975 (Annexure 'P-l') and dated July 23, 1975 (Annexure P-2') and the order dated March 20, 1995 (Annexure 'P-3') appointing respondent No.3 as Enquiry Officer and further proceedings before the Enquiry Officer.

(2.) Can the punishing authority after the receipt of the reply to the charge-sheet appoint an Enquiry Officer any time after an inordinate delay or the same is to be done within a reasonable time? This is the precise question that calls for determination.

(3.) The petitioners Amarjit Singh Bhatnagar and Ashok Kumar Dhir are working as Sub Divisional Engineers, Public Works Department (B&R) Punjab. In the year 1972, the petitioner No.l was incharge of the execution of earth work done on ARK Road, within the municipal limits of Amritsar, falling in the Central Division No.1, Amritsar. Petitioner No.2 was working under Petitioner No.l as Junior Engineer. The then Sub Divisional Engineer, Jawahar Hal Jain called for quotation for sum of Rs3,000/- in the month of July, 1972, and later on in October, 1972, quotations were called for a sum of Rs.10,000/-. Appeal of the executive Engineer was obtained prior to the calling of the said quotations. The work commenced in October, 1971. It was completed in March, 1973. Subsequently, in the year 1975, the petitioners were served with the charge sheets (Annexures 'P-l' and 'P-2') proposing to take action against them under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (for short 'the Rules').