High Court of Punjab and HaryanaCWP/17182/2013disposed of

Kashmir Singh Sandhu v. Punjab Agro Industries Corporation Ltd & ORS

2020-03-03Mr. Justice Harsimran Singh Sethi2 pages

CWP-17182-2013 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-17182-2013 Date of decision: - 03.03.2020 Kashmir Singh Sandhu ....Petitioner

Versus

Punjab Agro Food Grains Corporation Limited and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Surinder Garg, Advocate, for the petitioner.

Mr. K.D. Sachdeva, Advocate for the respondents.

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, the challenge is to the chargesheet dated 21.08.2009 as well as to the consequential proceedings initiated by the respondents against the petitioner in pursuance to the said charge-sheet including order of punishment dated 19.08.2010 (Annexure P-4), by which the recovery of `1,48,987/- has been imposed upon the petitioner, to be recovered from his retiral benefits. The question raised in the present writ petition is whether, the respondent-Corporation had jurisdiction to initiate disciplinary proceedings after the retirement of an employee. Learned counsel for the petitioner argues that the said question of law has already been decided by this Court in CWP-25369 of NARESH KUMAR 2020.03.13 10:42 I attest to the accuracy and integrity of this document Chandigarh

CWP-17182-2013 -22018 titled as 'Shaminder Singh Vs. The Punjab Agro Industries Corporation and another, on 30.09.2019 alongwith other connected cases.

Learned counsel for the respondents does not dispute that the question of law, as raised in the present writ petition, has already been decided by this Court in Shaminder Singh (supra) to the effect that there is no rule or regulation, which grant the jurisdiction to the respondentCorporation to initiate proceedings against a retired employee for taking the disciplinary action.

Learned counsel for the respondents states that a liberty has been granted by this Court to the respondent-Corporation to recover the amount as per law by filing the civil suit in case permissible. Learned counsel for the parties agree and pray that the present writ petition be also disposed of in terms of Shaminder Singh (supra).

Ordered accordingly.

( HARSIMRAN SINGH SETHI ) March 03, 2020 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2020.03.13 10:42 I attest to the accuracy and integrity of this document Chandigarh