High Court of Punjab and HaryanaCWP/2193/2019disposed of

Balbir Singh Jafal v. The Punjab State Federation Of Cooperatice Sugar Mills Ltd And ORS

2019-01-25Mr. Justice Harsimran Singh Sethi2 pages

CWP-2193-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-2193-2019 Date of decision: - 25.01.2019 Balbir Singh Jafal ....Petitioner

Versus

The Punjab State Federation of Cooperative Sugar Mills Ltd. and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Sanjay Tangri, Advocate for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance raised by the petitioner is that at present, there is no proceeding which are pending against him, which would entitle the respondents to withhold his pensionary benefits. All the proceedings, which were pending, have already been came to end and in none of the proceedings, the petitioner have been held guilty. Therefore, there is no justification with the respondents now to withhold the gratuity and leave encashment. Counsel for the petitioner states that as the petitioner stands already exonerated, he is entitled for full salary for the period for which he remained under suspension.

Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, the petitioner NARESH KUMAR 2019.01.30 14:41 I attest to the accuracy and integrity of this document Chandigarh

CWP-2193-2019 -2has made the representations dated 29.09.2016 and 17.07.2018 (Annexure P-7 {Colly.}), which are still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said representations. In view of the request made, without expressing any opinion on the merits of the case and the claim being made by the petitioner, the respondents are directed to decide the representations dated 29.09.2016 and 17.07.2018 (Annexure P-7 {Colly.}) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to him within a period of next three months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) January 25, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.01.30 14:41 I attest to the accuracy and integrity of this document Chandigarh