Surinder Pal Singh vs The State Of Punjab
2024 Latest Caselaw 14304 P&H

Punjab-Haryana High Court

Surinder Pal Singh vs The State Of Punjab on 9 August, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                Neutral Citation No:=2024:PHHC:103211




201         IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                  CWP-5899-2000 (O&M)
                                  Date of Decision : 09-08-2024

SURINDER PAL SINGH AND ORS.                               ........Petitioners

                                    VERSUS

STATE OF PUNJAB & OTHERS                                  ........Respondent(s)

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:    Mr. A.K Walia, Advocate for the petitioner.


            Mr. TPS Chawla, Sr. DAG Punjab.


HARSIMRAN SINGH SETHI, J. (Oral)

In the present petition, the challenge is to the order in Annexure

P-5 to Annexure P-7 by which, the punishment of stoppage of two

increments with cumulative effect was imposed upon the petitioner. The

Division Bench while issuing notice of motion on 16.05.2000, stayed the

operation of the impugned orders, which interim order was continued when

the petition was admitted on 08.07.2002.

Learned counsel for the petitioners submit that the petitioners

must have retired by now and the respondents be directed not to give effect

to the impugned orders imposing the punishment.

Keeping in view the facts and circumstances of the present case

where the petitioners have already been retired since long and the

punishment remained stayed keeping in view the interim order passed by the

Division Bench, it is directed that the said order be not given effect to any

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Neutral Citation No:=2024:PHHC:103211

CWP-5899-2000 (O&M) -2-

further as the petitioner must have retired since long and any recovery done

at this stage will cause financial hardship to them, which cannot be done in

view of the judgment of the Hon'ble Supreme Court of India in State of

Punjab and others Vs. Rafiq Masih (White Washer) etc., 2015(1) S.C.T.,

195.

Hence, the present petition is disposed of in the above terms.

Pending application, if any, also stands disposed of.

09-08-2024                                  (HARSIMRAN SINGH SETHI)
Sapna Goyal
                                                    JUDGE


       NOTE:         Whether speaking: YES/NO
                     Whether reportable: YES/NO




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