Kulwant Singh Sidhu v. St Of Pb And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-18464-2003 (O&M) Date of decision: 07.04.2025 Kulwant Singh Sidhu

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Jugam Arora, Advocate for the petitioner. Mr. Arun Gupta, DAG, Punjab.

***** AMAN CHAUDHARY, J. (Oral) 1.

Prayer made in the present petition is for declaring the action of the respondents in withholding a sum of Rs.21,834/- from the leave encashment.

2.

Learned State counsel refers to para 2(d) of the written statement dated 19.08.2004, wherein it has been stated that the petitioner had made store book entry in the month of 4/68 (dated 16.04.1968) vide page No.41 entry No.3 with his own hands whereas he has stated that the charge was handed over in 1/68 vide letter dated 17.02.1987. By this, it means the relevant record was not actually handed over by him and no due certificate thus cannot be issued without take over charge, as the record remained in his personal custody even after 1/68, to which there is no rebuttal by filing any replication. 3.

Learned counsel submits that despite best efforts he has not been able to establish contact with the petitioner. 4.

Disposed of, reserving the petitioner with a liberty to get it revived, in case lis still subsists.

(AMAN CHAUDHARY) JUDGE 07.04.2025 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2025.04.08 11:20 I attest to the accuracy and integrity of this document