Davinder Pal Singh v. Xen (Op) Divn. Dhbvn Old Faridabad And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-15504 of 2020(O&M) DATE OF DECISION : 28.09.2020 Davinder Pal Singh

...Petitioner

Versus

XEN(OP) Division DHBVN Old Faridabad & Ors.

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Petitioner Mr. Davivnder Pal Singh in person. Ms. Mamta Talwar, DAG Haryana.

(Presence marked through video conference).

*** ARUN MONGA, J. (ORAL) 1.

The grouse of the petitioner, who is working as Junior Engineer-I with the respondents, is that his salary for the month of June, 2020 has been stopped without any justifiable reason and he apprehends that the respondents are bent upon to withhold his future salary, as well. A prayer has been made to restrain them from doing so.

2.

I have heard the petitioner in person.

3.

Petitioner submits that his salary for the month of June, 2020 has not been released to him. Ostensibly, for want of Material at Site Account (MAS Account) qua the period, when he was posted at Faridabad. Later, he was transferred to Sirsa. Accordingly, he earlier also preferred a petition before this court vide CWP No. 9612 of 2020, which was disposed of vide order dated 18.08.2020, with a direction to respondents to pass a speaking order in SONU 2020.09.28 04:57 I attest to the accuracy and integrity of this document

the matter within a period of one month. Petitioner further submits that Department rejected his claim vide order dated 18.09.2020 again citing the reason that MAS account has not been submitted by the petitioner so far, which is factually incorrect, contends the petitioner. According to him, he had already submitted the requisite MAS account. Petitioner further submits that he has every apprehension that annoyed with his filing of the writ petitions, the respondents would withhold his future salary as well. 4.

Without adverting to the merits of the case, this petition is disposed of with observations that in case, any adverse order qua stoppage of future salary of the petitioner is to be passed by the respondents, the petitioner shall be issued an advance show cause notice qua the same, so as to enable him to seek his remedy, in accordance with law. As far as withholding of past salary of the petitioner for the month of June, 2020, the respondents are directed to valuate/revaluate the material on record, as per averments made in the instant petition, by treating it as a representation and thereafter, pass fresh orders, as expeditiously as possible.

Disposed of with aforesaid observations.

SEPTEMBER 28, 2020 (ARUN MONGA) Jiten JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.09.28 04:57 I attest to the accuracy and integrity of this document