Gurdit Singh vs Registrar Cooperative Societies ...
2024 Latest Caselaw 20394 P&H

Punjab-Haryana High Court

Gurdit Singh vs Registrar Cooperative Societies ... on 18 November, 2024

                                   Neutral Citation No:=2024:PHHC:149502

                                                                             -1-
CWP-30852
    30852 of 2024



      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                                  CWP-30852
                                        30852 of 2024
                                  Date of decision: 18.11.2024

Gurdit Singh
                                                                ......Petitioner
                    Versus


Registrar, Cooperative Societies, Punjab and others
                                                             ......Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present: -   Mr. D.V. Sharma, Senior, Advocate,
             with Ms. Shivani Sharma, Advocate, and
             Mr. Tushar Sharma-I,I, Advocate,
             for the petitioner.

             Mr. Rajesh Sehgal, Addl. A.G., Punjab.

NAMIT KUMAR, J. (ORAL)

1. Present petition has been filed by the petitioner under Articles 226/227 of the Constitution of India seeking quashing of order of dismissal dated 29.08.2017 (Annexure P P-4) and for reinstating the petitioner in service with all consequential benefits and thereafter retire him from service service w.e.f. 30.06.2022 and pay the retiral dues viz. gratuity, leave encashment and employer's share of employees provident fund along with the security deposit of the petitioner with interest.

2. Learned Senior Counsel for the petitioner submits that the petitioner was dismissed from service vide order dated 29.08.2017 (Annexure re P-4) P 4) on the basis of conviction in the criminal case in which the petitioner has now been acquitted by this Court vide judgment dated 28.05.2024 (Annexure P-6) P 6) and thereafter the petitioner has submitted representation dated 05.06.2024 (Annexure P P-7) followed by legal notice dated 03.09.2024 (Annexure P-8) P 8) for reinstatement in service.

However, neither the petitioner has been notionally reinstated reinstated, as the petitioner has already crossed crossed the age of superannuation superannuation, nor the said

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Neutral Citation No:=2024:PHHC:149502

CWP-30852 30852 of 2024

legal notice has been replied to. He submits that at this stage, petitioner would be satisfied, if the said legal notice is considered and decided by passing a speaking order in a time-bound time bound frame.

3. Notice of motion.

4. Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of the respondents and has no objection to the innocuous prayer made by learned counsel for the petitioner.

5. I have heard learned counsel for the parties and have gone through gh the record of the case.

6. Without expressing any opinion on the merits of the case or the claim being made by the petitioner in the present petition, respondent No.3 is directed to consider and decide the claim made by the petitioner in legal notice dated 03.09.2024 (Annexure P P-8) in accordance with law, by passing a speaking order within a period of three months from the date of receipt of certified copy of this order. In case, respondent No.3 is not the competent authority, the matter shall be sent to the competent authority by him.

7. The petition stands disposed of.

                                                (NAMIT KUMAR)
18.11.2024                                         JUDGE
R.S.

             Whether speaking/reasoned          :     Yes/No

             Whether Reportable                 :     Yes/No




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