Gurtej Singh v. State Of Punjab And ANR

CWP No. 24776 OF 2017 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 24776 OF 2017 DECIDED ON: NOVEMBER 01, 2017 GURTEJ SINGH .....PETITIONER

VERSUS

STATE OF PUNJAB AND ANOTHER .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Baldev Singh Sodhi, Advocate for the petitioner.

***** JASPAL SINGH, J (ORAL) By virtue of instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ in the nature of mandamus directing the respondent to dispose of the departmental appeal (Annexure P-1) in a time bound manner as per the Punjab Government Policy/Instructions/Rules (Annexures P-2 to P-5). 2.

The contention of learned counsel for the petitioner is that the petitioner retired as Range Officer, Forest on attaining the age of superannuation on 30.04.2014. He further contends that while granting the service benefits to the petitioner, respondent No.2 withheld 100% pension permanently vide order dated 22.05.2017 (Annexure P-6).

3.

Aggrieved against the aforesaid order dated 22.05.2017 (Annexure P-6), the petitioner preferred departmental appeal on 10.06.2017 Sonika 2017.11.02 14:03 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 24776 OF 2017 --2-- (Annexure P-1). As per the Punjab Government Policy dated 03.03.1997 (Annexure P-2) issued by Government, the departmental appeal preferred by a government employee was directed to dispose of within three months from the date of receipt of such appeal. Subsequent thereto, another instructions were also issued to dispose of the appeal preferred by a government employee as early as possible, whereas in the instant case, a period of 5 months has elapsed but till date the comments of the concerned authority, who has to pass the order, has not so far been received.

4.

Taking into consideration the aforesaid aspects but without expressing any opinion on the merits with regard to impugned order dated 22.05.2017 (Annexure P-6), the instant petition is disposed of with the direction to respondent No.2-Principal Chief Conservator of Forests, SAS Nagar Mohali, Punjab to deal with and dispose of the appeal as early as possible but not beyond the period of 3 months from the date of receipt of certified copy of this order.

NOVEMBER 01, 2017 (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2017.11.02 14:03 I attest to the accuracy and authenticity of this document Chandigarh