High Court of Punjab and HaryanaCWP/14722/2019disposed of

Neelam Arora v. State Of Punjab And ORS.

2019-05-29Mr. Justice Harsimran Singh Sethi2 pages

CWP-14722-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-14722-2019 Date of decision: - 29.05.2019 Neelam Arora ....Petitioner

Versus

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

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the grievance of the petitioner is that at the time when the petitioner superannuated on 31.01.2018, there was a charge-sheet pending which was issued to her on 07.11.2017 (Annexure P-1). After enquiry into the allegations, the respondents imposed the punishment upon the petitioner and the petitioner has availed the remedy of appeal against the said punishment. Counsel for the petitioner argues that though as of now there is no proceeding pending against the petitioner, but she is only being paid the provisional pension and other benefits such as gratuity, leave encashment, commutation of pension and GPF etc. are still being withheld by the respondents without any valid justification. Counsel for the petitioner states that for the NARESH KUMAR 2019.05.31 14:54 I attest to the accuracy and integrity of this document Chandigarh

CWP-14722-2019 -2relief, which has been sought in the present writ petition, petitioner has served the respondents with a demand notice dated 12.10.2018 (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 demand notice. 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 the demand notice dated 12.10.2018 (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 her within a period of next three months.

Counsel for the petitioner further prays that the appeal preferred by the petitioner is also pending.

In this regard, the respondents are directed to take the appropriate decision expeditiously on the same. In view of the above, present writ petition stands disposed of. ( HARSIMRAN SINGH SETHI ) May 29, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.05.31 14:54 I attest to the accuracy and integrity of this document Chandigarh