GURDEEP SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner, a Sub Divisional Engineer in the Public Works Department (Buildings & Roads) Branch, Punjab, prays that the charge sheet issued to him vide letter dated July 29, 1991 be quashed. The Motion Bench while admitting the writ petition had directed that the enquiry proceedings should be completed within six months. However, the respondents were restrained from passing the final order. The respondents have filed a Civil Misc. application No. 22596 of 1996 with a prayer that the interim order passed on Sept. 27, 1994 be vacated so that the final order may be passed.

(2.) Learned counsel for the parties are agreed that the enquiry proceedings have already concluded. Mr. Grover, counsel for the petitioner submits that he is not aware of the findings recorded by the Enquiry Officer. He, therefore, states that the petitioner may be permitted to withdraw this writ petition. In the event of the respondents passing any order to the prejudice of the petitioner, he would be entitled to challenge the orderon the grounds as mentioned in this writ petition or on such other grounds as may be available to him under the law. Mrs. Tuli, counsel for the respondents has no objection.

(3.) In view of the above, the writ petition is dismissed as withdrawn. It is, however, clarified that no opinion has been expressed on the controversy as raised in this petition. Consequently, the withdrawal of the writ petition shall not in any way prejudice the interests of the petitioner. In case the respondents have recorded a finding against the petitioner in the enquiry proceedings and a show cause notice is given to him, it would be open to him to raise all such objections as may be available to him under the law. If ultimately, an adverse order is passed, the petitioner shall be at liberty to challenge it on the grounds as raised in this petition or on such grounds he chooses to.