High Court of Punjab and HaryanaCWP/3641/2019disposed of

Sahib Singh v. State Of Punjab And ORS

2019-02-11Mr. Justice Harsimran Singh Sethi2 pages

CWP-3641-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-3641-2019 Date of decision: - 11.02.2019 Sahib Singh ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Rajesh K. Dadwal, Advocate, for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance which has been raised by the petitioner is that at the time of the retirement, a sum of `31,200/- has been recovered by the respondents without holding any enquiry or without issuing any show-cause notice. Counsel for the petitioner states that as per the settled principle of law no recovery could have been done from the retired employee.

Counsel for the petitioner further states that for the relief which has been sought in the present writ petition, the petitioner has served the respondents with a legal notice on 10.10.2018 (Annexure P-3), which is 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 legal notice. NARESH KUMAR 2019.02.12 11:31 I attest to the accuracy and integrity of this document Chandigarh

CWP-3641-2019 -2In 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 legal notice dated 10.10.2018 (Annexure P-3) 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 ) February 11, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.02.12 11:31 I attest to the accuracy and integrity of this document Chandigarh