High Court of Punjab and HaryanaCWP/3821/2020disposed of

Malkeet Singh Sidhu v. Punjab State Power Corporation Ltd. And Others

2020-02-13Mr. Justice Harsimran Singh Sethi3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 13.02.2020 Malkeet Singh Sidhu ....Petitioner

Versus

Punjab State Power Corporation Limited and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. H.S. Saini, Advocate for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the claim of the petitioner is for setting aside the charge-sheet dated 27.03.2019 (Annexure P-1), which was issued to him prior to the date of his superannuation. Further, prayer of the petitioner is for directing the respondents to release his pensionary benefits such as gratuity, commutation of pension and regular pension, which have been withheld due to the pendency of the charge-sheet dated 27.03.2019 (P-1).

At the time of hearing, learned counsel for the petitioner does not press the prayer with regard to challenge to charge-sheet dated 27.03.2019 (P-1), but restricts his prayer for taking the proceedings in respect of charge-sheet dated 27.03.2019 (P-1) to a logical end in a time bound manner as the petitioner is suffering prejudice due to the pendency of the said charge-sheet.

-2Notice of motion.

On the asking of the Court, Mr. Sehaj Bir Singh, Advocate, accepts notice on behalf of the respondent-Corporation. Keeping in view the order, which is being passed today, no reply is needed at this stage, as the only prayer of the petitioner, which has been pressed, for finalization of the inquiry proceedings in a time bound manner, is being considered.

Learned counsel for the respondents states that all the efforts will be made to complete the proceedings in respect of charge-sheet dated 27.03.2019 (P-1), within a period of six months from the date of receipt of certified copy of this order.

Learned counsel for the respondents further states that petitioner be asked to cooperate with the department to finalize the inquiry proceedings within a period of six months. Learned counsel for the petitioner assures this Court that all the cooperation needed from the petitioner will be extended to the respondents so that the proceedings in respect of charge-sheet dated 27.03.2019 (P-1) are finalized within the time framed, as undertaken by learned counsel for the respondents.

Keeping in view the statement of learned counsel for the respondents, present writ petition is disposed of with the direction to the respondents that the charge-sheet dated 27.03.2019 (P-1), which is pending against the petitioner, be finalized, within a period of six months from the date of receipt of certified copy of this order. It is made clear that in case the petitioner does not cooperate with the authorities to finalize

-3the inquiry proceedings or due to any valid unforeseen reason, the inquiry proceedings are not finalized within the above fixed period of six months, the respondents will be at liberty to approach this Court for extension of time.

In case, after the finalization of the inquiry proceedings, there is no other impediment in the release of the pensionary benefits of the petitioner, the process of release of the same shall be undertaken immediately after the inquiry proceedings are finalized. Present wit petition stands disposed of in the above terms. ( HARSIMRAN SINGH SETHI ) February 13, 2020 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?