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Judgment
NAMIT KUMAR, J. (ORAL)
Instant writ petition has been filed under Article 226 of the Constitution of India seeking quashing the enquiry report (Annexure P-9) as also the consequential order of punishment dated 07.07.2020 (Annexure P-11) and order dated 27.01.2021 (Annexure P-14), whereby appeal preferred by the petitioner has been rejected.
On the last date of hearing i.e. 28.07.2026, the following order was passed: -
“One of the points raised in the present petition is that the Appellate Authority has rejected the appeal filed by the petitioner, vide order dated 27.01.2021 (Annexure P-14), without adverting to the points raised in the appeal. Faced with this situation, learned counsel for the respondents seeks an adjournment to get instructions for reconsidering the appeal of the petitioner. Adjourned to 06.08.2026. To be taken up immediately after urgent cases.”
Learned counsel for the respondents has produced a copy of the letter dated 05.08.2026, issued by the Additional Superintending Engineer, Central Store, PSPCL, Pathankot, which reads as under: -
“Subject: Submission regarding Speaking Order in the matter of Shri Karam Singh, JE (ID No. 252702).
Reference:
1.Office Order No. 08 dated 27.01.2021 issued by the Competent Authority.
2.This office Memo No. 1067 dated 30.07.2026 addressed to the Competent/Appellate Authority regarding issuance of Speaking Order.
3.Telephonic communication conveyed by you on dated 28.07.2026.
Kindly refer to the subject cited above.
In this regard, it is submitted that the appeal preferred by Shri Karam Singh, JE (ID No. 252702), against the disciplinary order was considered and decided by the Appellate Authority vide Office Order No. 08 dated 27.01.2021, which was duly issued by the Competent Authority.
Further, in compliance with your telephonic communication dated 28.07.2026, this office, vide Memo No. 1067 dated 30.07.2026, requested the Competent/Appellate Authority, who had issued the aforesaid Office Order, to intimate whether any separate Speaking Order had been passed in the matter and, if so, to provide a copy thereof.
Subsequently, the Appellate Authority was contacted telephonically. During the telephonic conversation, it was informed that no separate Speaking Order has been issued in the matter till date. It was further informed that in case the Hon'ble Punjab & Haryana High Court specifically directs the Appellate Authority to pass/issue a Speaking Order, the same shall be issued in compliance with the directions of the Hon'ble Court.
The above facts are submitted for your kind information and for taking further necessary action in the matter before the Hon'ble Punjab & Haryana High Court.
Encl.: Copy of this office Memo No. 1067 dated 30.07.2026.”
Since the appellate order dated 27.01.2021 (Annexure P-14) is totally cryptic and non-speaking, the same is hereby set aside. The respondents are directed to reconsider the appeal of the petitioner, after affording an opportunity of personal hearing to the petitioner, within a period of three months from today. The petitioner shall be at liberty to supplement the appeal already submitted by him within a period of 2 weeks.
Disposed of.
Pending application(s), if any, also stand(s) disposed of.