Som Nath Gandhi vs State Of Punjab
2024 Latest Caselaw 19089 P&H

Punjab-Haryana High Court

Som Nath Gandhi vs State Of Punjab on 29 October, 2024

                                    Neutral Citation No:=2024:PHHC:141999
                                                                             1
CWP-9841 of 1998




      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                                   CWP-9841 of 1998
                                   Date of decision: 29.10.2024
Som Nath Gandhi
                                                               ......Petitioner
                   Versus

The State of Punjab and others
                                                            ......Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present: -   Ms. Shefali, Advocate,
             for Mr. Arjun Partap Atma Ram, Advocate,
             for the petitioner.

             Mr. Teevar Sharma, AAG, Punjab.

             Ms. Kavita Arora, Advocate,
             for respondents No.3 and 4.

NAMIT KUMAR, J. (ORAL)

1. Instant petition has been filed under Articles 226/227 of

the Constitution of India for quashing the orders dated 22.04.1997

whereby punishment of recovery from the pay and other dues of the

petitioner to the extent of 50% has been ordered and action of the

respondents in not releasing the other retira retiral benefits of the petitioner,

who retired on 31.12.1997 and also in not deciding the appeal of the

petitioner and for directing the respondents to release the full retiral

benefits of the petitioner with interest @ 24% per annum.

2. On the last date of hearing aring i.e. 26.09.2024 following order

was passed by this Court: -

"Ms. Ms. Kavita Arora, Advocate has filed her power of attorney on behalf of respondent No.4 in the Court, which is taken on record.

1 of 2

Neutral Citation No:=2024:PHHC:141999

CWP-9841 of 1998

Perusal of file shows that the petitioner has died and neither of the parties have impleaded the LRs of the petitioner.

Learned counsel for the petitioner has relied upon the judgment of this Court in Ex Naik Bhag Chand Vs. Director General of Police, CRP CRPF and others :

2024NCPHHC 20629,, whereby it has been held that no recovery can be effected from the LRs of the deceased.

Learned State counsel seeks an adjournment to get instructions from respondents No.1 and 2 as to whether the department is still want to pursue the recovery ordered against the petitioner vide impugned order dated 22.04.1997 in view of the change in circumstances or not.

Adjourned to 29.10.2024.

29.10.2024."

3. Learned State counsel, on instructions from respondent

No.2, submits that the petitioner petitioner has died and his LRs have not been

brought on record by either of the parties.

4. On 04.05.1999, it was ordered that no recovery shall be

effected from the petitioner. In this view of the matter, it is ordered

that no recovery shall be effected from the the legal representatives of the

petitioner in view of the law laid down in Ex Naik Bhag Chand Chand's case

(supra).

5. Disposed of accordingly.

                                               (NAMIT KUMAR)
29.10.2024                                        JUDGE
R.S.

             Whether speaking/reasoned         :      Yes/No

             Whether Reportable                :      Yes/No




                                 2 of 2