High Court of Punjab and HaryanaCWP/6949/2019disposed of

Raj Kumar v. Haryana Agro-Industries Corp Ltd And Others

2019-03-14Mr. Justice Harsimran Singh Sethi2 pages

CWP-6949-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6949-2019 Date of decision: - 14.03.2019 Raj Kumar

...Petitioner

Versus

Haryana Agro Industries Corporation Limited and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Raman B. Garg, Advocate and Ms. Gitanjali, Advocate for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioner states that against the order of imposition of penalty of recovery dated 13.02.2014, petitioner had preferred an appeal on 12.05.2014, but despite an expiry of approximately five years, the said appeal has not been decided by the respondents so far, which is causing great prejudice to the petitioner. Counsel for the petitioner further states that on one hand the appeal filed by the petitioner against the order of recovery is not being decided, but on the other hand, the pensionary and other benefits for which the petitioner became entitled for, have been withheld by the respondents.

Counsel for the petitioner states that the respondents were NARESH KUMAR 2019.03.25 13:16 I attest to the accuracy and integrity of this document Chandigarh

CWP-6949-2019 -2under obligation to decide the said appeal expeditiously, which they have failed to do. Further, counsel argues that for the relief, as claimed in the present writ petition, the petitioner has also served the respondents with a legal notice on 16.09.2018 (Annexure P-16), which is still pending consideration with the respondents and the petitioner will be statisfied, at this stage, in case a direction is issued to the respondents to decide the said legal notice as well as the appeal, filed by him, in a time bound manner.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioner, the respondents are directed to decide appeal dated 12.05.2014 (Annexure P-10), filed by the petitioner, within a period of three months from the date of receipt of a certified copy of this order. With regard to legal notice dated 16.09.2018 (Annexure P-16), the respondents are directed to decide the same by passing a speaking order, within a period of three months from the date of receipt of 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 in above terms. ( HARSIMRAN SINGH SETHI ) March 14, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.03.25 13:16 I attest to the accuracy and integrity of this document Chandigarh