Subhash Chander vs State Of Punjab And Ors
2024 Latest Caselaw 5551 P&H

Punjab-Haryana High Court

Subhash Chander vs State Of Punjab And Ors on 12 March, 2024

             CWP-5051-2016                           2024:PHHC:035449                              1

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
             226
                                                                  CWP-5051-2016
                                                                  Date of decision: 12.03.2024

             Subhash Chander
                                                                                       ....Petitioner
                                                     Versus

             State of Punjab and others
                                                                                      ...Respondents

             CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                                *****

Present : None for the petitioner.

Mr. Satnam Preet Singh, DAG, Punjab.

***** AMAN CHAUDHARY. J.

1. The prayer in the present Civil Writ Petition filed under Articles

226/227 of the Constitution of India, is to issue a writ in the nature of

mandamus, for directing the respondents to grant the terminal benefits which

not given to the petitioner during the period of suspension.

2. Learned State counsel refers to para 3 of the preliminary

submissions of reply by way of affidavit of Surinder Singh, Deputy Inspector

General Prisons, Punjab-cum-Superintendent Headquarter Jail, Amritsar, which

reads thus:-

"3) That the brief facts of case the petitioner was called for explanation on 12.09.2014 for not complying with the order of Hon'ble High Court to produce the custody certificate of one accused namely Naresh Kumar in CRA-S-2733-SB-2013 on 09-

09- 2014 but the reply of explanation was not received from petitioner and he was put under suspension on 20.09.2014. On the request of petitioner he was reinstated on 23-12-2014, during pendency of Departmental enquiry. A charge sheet was issued under rule 8 of njab Civil Services (Punishment & Appeal) Rules, 1970. The ply of Charge Sheet was received from petitioner and comments obtained from Superintendent Sub Jail Pathnkot. On the recommendation of Superintendent Sub jail, Pathankot for dropping the inquiry as consigned the same to the record room, upon which the petitioner was found not guilty. That the charge

sheet was dropped by the Deputy Inspector General of Prisons

integrity of this order/judgment

cum Superintendent Headquarter Jail, Amritsar vide order no. 109 dated 07-04-2017 (Copy attached as Annexure R/T-1). That the petitioner had already been given G.P fund final payment, GIS, Leave encashment at the time of his retirement and 75% anticipatory pension is given from 01.05.2015 to date. It is further pertinent to mention that pension case for final payment of pension and Gratuity has been sent to the Accountant General (A&E) Punjab, Chandigarh Vide the letter bearing No. 80 dated 15-04-2017 for further action. A copy of same is appended as annexure R- 2 and the arrear of salary of suspension period from 22-09-2014 to 23-12-2014 has been prepared and submitted in Treasury Officer, Pathankot bearing Bill No. 04 dated 17-04- 2017."

3. In view of the aforesaid, the present petition is disposed of as

having been rendered infructuous, reserving the petitioner with a liberty to

approach the respondents, in case need arises.

                                                                       (AMAN CHAUDHARY)
                                                                            JUDGE
             12.03.2024
             Hemant

                                   Whether speaking/reasoned       :      Yes / No
                                   Whether reportable              :      Yes / No







integrity of this order/judgment