Jammu and Kashmir High Court
WP(C)/2835/2022 of VIJAI SINGH Vs UNION OF INDIA TH SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI AND OTHERS on 30 December 2022
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) no. 2835/2022 CM no. 7898/2022 Vijai Singh …..Appellant(s)/Petitioner(s) Through: Mr. Ankesh Chandel, Advocate Vs Union of India and others .…. Respondent(s) Through: Mr. Vishal Sharma, DSGI Coram: HON’BLE MR. JUSTICE WASIM
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HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT JAMMU
WP (C) no. 2835/2022
CM no. 7898/2022
…..Appellant(s)/Petitioner(s)
Vijai Singh
Through:Mr. Ankesh Chandel, Advocate
Vs
Union of India and others
.…. Respondent(s)
Through: Mr. Vishal Sharma, DSGI
Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER30.12.2022
01. A short submission made by learned counsel for the petitioner is that the respondent no. 5, who is arrayed by name, has already concluded the enquiry and the recommendations have been given by the said respondent to the disciplinary authority.
02. Learned counsel for the petitioner further submits that now the disciplinary authority has to take action on the basis of the recommendations of the enquiry officer and the petitioner has been issued a show-cause notice in this regard. It is further submitted that the petitioner has filed a detailed reply dated 09.11.2022 against the enquiry report, which is not going to be considered by respondents and the respondents are likely to pass punitive order against the petitioner without deciding the reply.
03. After arguing for a while, learned counsel for the petitioner submits that he would be satisfied if a direction is issued to the disciplinary authority to accord consideration to the reply dated 09.11.2022 alleged to have been filed by the petitioner in pursuance to the show-cause notice within some period.
04. On asking of the Court, Mr. Vishal Sharma, learned DSGI appears and waives notice on behalf of the respondents.
05. Heard. Admit.
06. With the consent of learned counsel appearing for the parties, the matter is taken up for final consideration
07. At this stage, the present writ petition is disposed of by directing the respondents and on the assurance extended by Mr. Vishal Sharma, learned DGSI, to accord consideration to reply dated 09.11.2022 alleged to have been filed by the petitioner before passing any final order, in case if the final order is not already passed as on date.
08. Disposed of as above.
Jammu 30.12.2022 Sahil Toga
(Wasim Sadiq Nargal) Judge