KASHMIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned Sr. DAG requests for more time to file reply, while learned counsel for the petitioner on the other hand contends that the petitioner was suspended on 21.10.2016 and was issued a charge sheet only on 26.09.2017 and that continued suspension of the petitioner was in derogation of Rule 5 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016. Relevant extract of Rule 5 of the Rules, 2016, is reproduced as under:-

(2.) Learned counsel contends that in view of the disciplinary proceedings not having been initiated within 180 days of the suspension of the petitioner nor any approval having been taken by the competent authority from the next higher authority, continuation of suspension of the petitioner is legally unsustainable and that in the circumstances the petitioner would be satisfied if the writ petition is disposed of at this stage by directing respondent No.2 to consider and decide the claim of the petitioner for revocation of suspension in terms of Rule 5 of the Rules, 2016 as also the decision of this Court dated 23.01.2019, in CWP No.2079 of 2018, in case titled as Mahabir Singh Lora Vs. State of Haryana.

(3.) Learned Sr. DAG states that he has no objection to the limited prayer made by learned counsel for the petitioner.