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High Court of Punjab and HaryanaCWP/17027/2021disposed of

Pardeep Kumar And Another v. The Appelate Authority The Haryana State Warehousing Corporation And Another

2021-09-02Mr. Justice Harminder Singh Madaan2 pages

CWP No.17027 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.119 Case No. : CWP No.17027 of 2021 Date of Decision : September 02, 2021 Pardeep Kumar and another ....

Petitioners vs.

The Appellate Authority, the Haryana State Warehousing Corporation and another ....

Respondents CORAM : HON'BLE MR. JUSTICE H. S. MADAAN * * * Present :

Mr. Tahaf Bains, Advocate for the petitioners.

* * * H. S. MADAAN , J.

(Oral) :

Case taken up through video conferencing.

Pardeep Kumar, TA, SWH Panipat-II and Dhir Pal, Godown Keeper, SWH Samalkha were proceeded against departmentally by serving a charge-sheet upon them on account of misconduct in the form of less assured gain, observed in HSWC Wheat stock crop year 2018-19, delivered from SWH Panipat-II during the months of September, 2018 and November, 2018 vide the office order dated 06.07.2021. Punishment of recovery of loss caused by them to the department was imposed upon them in equal proportion i.e. Rs.5,34,760/- each.

Feeling aggrieved by the said penalty, the petitioners have filed an appeal before the Appellate Authority-the Haryana State Warehousing Corporation, Panchkula with a prayer for staying the impugned order. Such MONIKA 2021.09.02 16:44 I attest to the accuracy and integrity of this document

CWP No.17027 of 2021 request is stated to be still pending and has not been disposed of by the Appellate Authority, Panchkula so far. Therefore, both the officials have approached this Court by way of filing the present civil writ petition impleading the Appellate Authority, the Haryana State Warehousing Corporation (HSWC), Panchkula seeking issuance of direction to HSWC not to effect recoveries from their salaries, pending appeal. Learned counsel for the petitioners has contended that the Corporation has started making deductions from monthly salaries of both the petitioners.

Accordingly, the writ petition is disposed of directing the Appellate Authority - the Haryana State Warehousing Corporation, Panchkula to decide the prayer made by both the petitioners, who are appellants before the said authority for staying the operation of impugned order/recovery of the amount from monthly salaries of such officials, within a period of 15 days from the receipt of copy of this order in the said office. September 02, 2021 (H. S. MADAAN) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2021.09.02 16:44 I attest to the accuracy and integrity of this document