Surinder Kumar Bansal v. State Of Haryana And Others

CWP-21525-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-21525-2019 Date of decision: - 16.08.2019 Surinder Kumar Bansal ....Petitioner

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Peeush Gagneja, Advocate for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioner argues that no charge-sheet has been issued to the petitioner and only a fact finding enquiry was conducted by the respondents and on the basis of said fact finding enquiry, pensionary benefits of the petitioner have been withheld, which is impermissible in law. Counsel further argues that as there is no chargesheet, it cannot be said that any proceedings are pending against the petitioner, which would entitle the respondents to withhold the pensionary benefits.

Counsel for the petitioner very fairly states that no representation has been submitted by the petitioner to the respondents in this regard before approaching this Court.

A mandamus can only be issued in case, there is a vested NARESH KUMAR 2019.08.20 11:59 I attest to the accuracy and integrity of this document Chandigarh

CWP-21525-2019 -2right of an employee and the same has been agitated. There is no agitation of any right by the petitioner with the respondents for the release of his pensionary benefits.

Faced with this situation, counsel for the petitioner prays that he may be allowed to withdraw the present writ petition with a liberty to the petitioner to approach the respondents by filing an appropriate representation for the grant of relief, as being claimed in the present writ petition.

Dismissed as withdrawn, with the liberty, as prayed for. ( HARSIMRAN SINGH SETHI ) August 16, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.08.20 11:59 I attest to the accuracy and integrity of this document Chandigarh