Harvinder Singh vs The Punjab State Power ...
2022 Latest Caselaw 11630 P&H

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
119
CWP No.21578 of 2022
Date of Decision: 19.09.2022
Harvinder Singh
...Petitioner
Versus
The Punjab State Power Corporation Ltd. and others
... Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present:- Mr. J.S. Jaidka, Advocate for the petitioner.

3 2 3k 3

VIKAS SURI, J. (Oral)

The present petition under Articles 226/227 of the Constitution of India is for seeking interest on delayed payment of retiral dues.

At the outset, learned counsel for the petitioner restricts his prayer for decision on the representation dated 24.11.2021 (Annexure P-9), in accordance with law, in a time bound manner.

Learned counsel would submit that the release of terminal benefits was delayed on account of pendency of one criminal case and pendency of departmental proceedings for the same incident. As sanction to prosecute was not given by the competent authority, petitioner was discharged from the criminal case and in the departmental proceedings, disagreeing with the findings of the inquiry report, the competent authority held that the charge levelled against the petitioner was not clearly proved and as such the charge-sheet dated 04.02.2016 was filed. It is, thereafter, that the retrial dues were released to the petitioner, hence the claim.

Learned counsel would further submit that before approaching this Court by way of present petition, the claim was raised by way of

representation dated 24.11.2021 (Annexure P-9), which is still pending

KAPIL,

2022.09.24 18:22

I attest to the accuracy and integrity of this document

Punjab & Haryana High Court, Chandigarh.

consideration.

Learned counsel also submits that claim of the petitioner is squarely covered by the ratio of the Division Bench judgment in Financial Commissioner and Principal Secretary to Government Haryana vs. Hasan Singh Kanwar, 2011 (2) SCT 157, which was followed in Daulat Singh vs. State of Punjab and others, 2017(1) PLR 279.

Without expressing any opinion or going into the merits of the case or the claim being made by the petitioner in the present petition or in the representation, respondent No.1 is directed to consider and decide the claim made in the representation dated 24.11.2021 (Annexure P-9) in accordance with law, by passing a speaking order within a period of eight weeks from the date of receipt of certified copy of this order.

Needless to observe that in case, after the decision, petitioner is found entitled for any benefits, the same be paid to him within a period of four weeks thereafter, as per law.

The petition stands disposed of in the aforesaid terms.

(VIKAS SURI) September 19, 2022 JUDGE kapil Whether speaking/reasoned Yes/No

Whether reportable Yes/No

KAPIL,

2022.09.24 18:22

I attest to the accuracy and integrity of this document

Punjab & Haryana High Court, Chandigarh.