Surinder Nath vs State Of Punjab And Another
2024 Latest Caselaw 20172 P&H

Punjab-Haryana High Court

Surinder Nath vs State Of Punjab And Another on 13 November, 2024

                                     Neutral Citation No:=2024:PHHC:148389




CWP-17964-2021 (O&M)                                                        -1-

230        IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                             CWP-17964-2021 (O&M)
                                             Date of decision: 13.11.2024

SURINDER NATH                                         ...PETITIONER

                               VERSUS

STATE OF PUNJAB AND ANR.                              ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present: Mr. Rahul Garg, Advocate for the petitioner.

           Mr. Surya Kumar, AAG, Punjab.

           Mr. Maninder Singh Saini, Advocate
           for respondent No.2.

      ****
NAMIT KUMAR ,J. (ORAL)

1. The instant petition has been filed by the petitioner under Articles

226/227 of the Constitution of India, seeking a writ in the nature of certiorari,

setting aside the charge-sheet dated 28.12.2017 (Annexure P-1) and order dated

13.09.2018 (Annexure P-3) for holding an enquiry alongwith subsequent

proceedings and for setting aside the order dated 29.06.2021 (Annexure P-5)

passed by respondent-PUNSUP, whereby disciplinary proceedings against the

petitioner has been initiated after retirement of the petitioner. Further a writ of

mandamus has been sought for directing the respondents to release the retiral

benefits in the shape of leave encashment along with interest on the delayed

payment.

2. On the last date of hearing, i.e. 30.08.2024, the following order was

passed:-

"Learned counsel for the petitioner submits that the present case is squarely covered by the judgment dated 30.09.2019 passed in CWP-5254 of 2005 titled as 'Nirmal 1 of 2

Neutral Citation No:=2024:PHHC:148389

CWP-17964-2021 (O&M) -2-

Singh Vs. Punjab State Civil Supplies Corporation Limited (PUNSUP) and other connected cases. He further submits that the respondents have already filed a recovery suit against the petitioner.

Learned counsel for respondent No.2 seeks an adjournment to get instructions with regard to the claim of the petitioner for releasing his retiral dues.

Adjourned to 13.11.2024."

3. Learned counsel for respondent No.2, on instructions from Sh.

Amandeep Singh, PUNSUP, submits that the gratuity amount of the petitioner

has already been released vide order dated 01.02.2021.

4. Learned counsel for the petitioner submits that apart from gratuity,

other retiral benefits have not been released, for which he may be given liberty to

make a detailed representation to respondent No.2 and the same may be

considered in a time bound manner.

5. If any such representation is submitted by the petitioner within a

period of one month from today, the same shall be considered and disposed of

by respondent No.2 by passing a speaking order within a period of three months

thereafter.

6. Disposed of in the above terms.

13.11.2024                                           (NAMIT KUMAR)
renubala                                               JUDGE

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




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