Punjab-Haryana High Court
Tara Chand vs Uttar Haryana Bijli Vitran Nigam ... on 14 November, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:148796
CWP-30757-2024 -1-
115
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CWP-30757-2024
Date of Decision: 14.11.2024
Tara Chand ..... Petitioner
Versus
Uttar Haryana Bijli Vitran Nigam and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present: Mr. Suresh Kumar Boudh, Advocate
for the petitioner.
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JASGURPREET SINGH PURI, J. (ORAL)
1. The present writ petition has been filed under Article 226/227
of the Constitution of India for issuance of a writ in the nature of certiorari
for quashing/setting aside the illegal and arbitrary action of the respondents
to an extent of deduction/withholding of Rs.1,71,235/- from Gratuity (retiral
benefit of the petitioner) vide Officer order No.GPO 13816/UHBVN/Pen-
14033 dated 30.07.2018 (Annexure P-4) on retirement without issuing any
charge-sheet, show-cause notice or chance of hearing to the petitioner with
further prayer in the nature of mandamus directing the respondents to release
the aforesaid amount to the petitioner along with 18% interest.
2. Learned counsel for the petitioner submitted that the petitioner
had issued a legal notice dated 21.10.2024 vide Annexure P-16 to the
respondent-Nigam but the same has not been considered and decided till
date. He further submitted that at this stage, the petitioner will be satisfied in
case the aforesaid legal notice dated 21.10.2024 (Annexure P-13) is directed
to be considered and decided by the respondents in the light of the judgment
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Neutral Citation No:=2024:PHHC:148796
dated 08.05.2024 passed by this Court in CWP-21155-2023 titled as "Sat
Pal Vs. Uttar Haryana Bijli Vitran Nigam and others" (Annexure P-11)
whereby similar relief has been granted to the petitioner of the aforesaid
petition by passing a speaking order in accordance with law in a time bound
manner.
3. Notice of motion.
4. On the asking of the Court, Ms. Rajni Gupta, Additional
Advocate General, Haryana, who is present in Court, accepts notice on
behalf of the respondents. She states that she has instructions to state that the
respondents will decide the aforesaid legal notice dated 21.10.2024 issued
by the petitioner vide Annexure P-16 within a priod of three weeks from
today.
5. In view of the aforesaid position, without calling for the reply
from the respondents and without observing anything on the merits of the
case, the present petition is disposed of with a direction to the competent
authority of the respondent-Nigam to consider and decide the legal notice
dated 21.10.2024 issued by the petitioner vide Annexure P-16 in the light of
the judgment passed in Sat Pal's case (Supra) vide Annexure P-11 strictly
in accordance with law by passing a well-reasoned speaking order within a
period of three weeks from today.
14.11.2024 (JASGURPREET SINGH PURI)
Bhumika JUDGE
1. Whether speaking/reasoned: Yes/No
2. Whether reportable: Yes/No
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