Harpreet Singh Sandhu v. The Punjab State Power Corporation Limited And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : August 11, 2025 HARPREET SINGH SANDHU -PETITIONER V/S THE PUNJAB STATE POWER CORPORATION LIMITED AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Abhishek Khullar, Advocate for the petitioner.

Mr. Ekompal Sagoo, Advocate with Ms. Gurneet Sagoo, Advocate for the respondent(s)-PSPCL.

*** KULDEEP TIWARI, J. (ORAL) 1.

The instant writ petition encloses challenge to the letter dated 29.01.2025, whereby the respondent(s)-PSPCL has assessed the penal rent recoverable from the salary of the petitioner to be ₹ 2,23,600/- per month (from 07.09.2023 until the petitioner surrendered the official accommodation and obtained a certificate of surrender). 2.

In his endeavour to assail the impugned letter, the learned counsel for the petitioner submits that, before making assessment of the recoverable penal rent, neither any show cause notice was served upon the petitioner, nor any opportunity of hearing was granted to him. Therefore, on account of infraction of principles of natural justice, the impugned letter requires interference of this Court. He further submits that, with regard to his unauthorized occupation of the accommodation in question, certain

amounts had earlier been deducted from his salary, however the said deductions were not taken into consideration by the authority concerned while making the impugned assessment.

3.

This Court posed a specific query to the learned counsel for the petitioner as to whether any representation had been made by the petitioner to the competent authority after the issuance of the impugned letter, to which he answered in the negative.

4.

At this stage, the learned counsel representing the respondent(s)-PSPCL submits that, in case the petitioner submits a detailed representation in respect of his grievance, they do not have any objection to decide the same after giving him due opportunity of hearing. 5.

What surges forth from the above is that, the petitioner's grievance revolves primarily upon infraction of principles of natural justice, as no opportunity of hearing was granted to him before making the impugned assessment of recoverable penal rent. Therefore, at this stage, this Court deems it apposite to, without adjudicating the legality of the impugned letter, dispose of the instant writ petition with a direction upon the respondent(s)-PSPCL to, in case the petitioner makes a representation within 7 days from today, decide the same within 04 weeks' thereafter by granting him due opportunity of hearing and by making afresh assessment of penal rent recoverable on account of petitioner's unauthorized stay in the accommodation in question.

6.

In case, the amount of penal rent which has already been assessed, vide the impugned letter, is found to be on the higher side, the respondent(s)-PSPCL shall re-fix the amount and then make recovery

thereof accordingly. Moreover, in case, the petitioner still fetches any grievance from the decision made by the respondent(s)-PSPCL, he is at liberty to take the apposite legal recourse.

7.

Disposed of accordingly.

(KULDEEP TIWARI) August 11, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No