Gaurav Goyal vs Punjab State Civil Supplies And ...
2022 Latest Caselaw 12134 P&H

(114) CWP No. 22031 of 2022                                                -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT
              CHANDIGARH

                                              CWP No. 22031 of 2022
                                              Date of decision: 23.09.2022

Gaurav Goyal                                                 ...... Petitioner.
                                  Versus
Punjab State Civil Supplies Corporation Ltd. and another     .... Respondents.

CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present:-    Mr. J.P. Rana, Advocate, for the petitioner.


ANUPINDER SINGH GREWAL, J. (ORAL)

Learned counsel for the petitioner submits that the statutory

appeal of the petitioner is yet to be decided by respondent No. 2 while the

punitive order effecting recovery from the petitioner is being implemented.

He also submits that in a similar petition bearing CWP No. 22824 of 2019

titled 'Major Singh versus Punjab State Civil Supplies Corporation and

another' decided on 28.08.2019, a Coordinate Bench of this Court had

directed that the appeal be decided within three months and till then no

recovery is to be effected from the petitioner.

Heard.

The case of the petitioner appears to be covered by the judgment

of the Coordinate Bench of this Court in Major Singh's case (supra). The

order is reproduced hereunder:-

"As per pleadings on record, petitioner who was serving

on the post of Public Distribution Clerk, Punsup was imposed

penalty of recovery of Rs.2,08,263/- vide order dated 11.6.2019

(Annexure P-2) passed by the Managing Director.

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The short grievance raised in the petition is that the

statutory appeal dated 29.7.2019 (Annexure P-4) preferred by

the petitioner against the order of recovery is not being dealt

with and on the other hand the punishment of recovery is being

made effective.

Counsel submits that under Rule 16 of the Punjab State

Civil Supplies Corporation Service Regulations, 1985, it has

been provided that till such time Punsup frames its own rules in

matters relating to discipline/punishment, the rules applicable to

Punjab Govt. employees would be holding the field. It is further

submitted that under the Punjab Civil Service (Punishment &

Appeal) Rules, 1970 (herein after to be referred to as the 1970

Rules) different kinds of penalties have been defined under Rule

5. The penalty of recovery from the salary of an employee falls

under the category of a minor punishment. Under Rule 15 of the

1970 Rules an appeal is maintainable against any of the penalties

specified under Rule 5. Accordingly, it is urged that the appeal

preferred by the petitioner dated 29.7.2019 (Annexure P-4) is

towards resorting to a statutory remedy available with the

petitioner.

Having heard counsel for the petitioner and having

perused the pleadings on record, this Court is of the considered

view that the appellate authority is duty bound to take a final

decision on the appeal dated 29.7.2019 and that too within a

stipulated time frame. Pendency of the appeal on the one hand

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and enforcing the order of penalty of recovery on the other

would certainly prejudice the rights of the petitioner.

As such, without commenting on the merits of the

impugned order of recovery passed by the appellate

authority/Managing Director, the instant writ petition is disposed

of with a direction to the appellate authority i.e. the Chairman,

Punjab State Civil Supplies Corporation (Punsup) to take a final

decision on the appeal dated 29.7.2019 (Annexure P-4)

expeditiously and in any case within a period of three months

from the date of receipt of a certified copy of this order.

Recovery in pursuance to the order dated 11.6.2019

(Annexure P-2) shall be held in abeyance and would be subject

to the final order that would be passed by the appellate authority.

Disposed of."

Consequently, the petition is disposed of without issuing notice

to the respondents with a direction to the Appellate Authority (respondent

No. 2) to consider and decide the appeal in accordance with law within a

period of three months from the date receipt of certified copy of the order.

Further recovery from the petitioner shall remain stayed and

would be subject to the final order that may be passed by the Appellate

Authority.

                                             (ANUPINDER SINGH GREWAL)
23.09.2022                                              JUDGE
Ramesh
                   Whether speaking/reasoned           :       Yes/No
                   Whether reportable                  :       Yes/No




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