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High Court of Punjab and HaryanaCWP/6825/2016disposed of

Jasbir Singh v. State Of Punjab & ORS

2016-04-25Mr. Justice A.B. Chaudhari2 pages

CWP No. 6825 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 6825 of 2016 Date of decision: 25.04.2016 Jasbir Singh ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. A.S. Bhatti, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks the decision of his appeal dated 25.07.2010 (Annexure P-2) which has been preferred against the order of recovery dated 11.06.2010 (Annexure P-1). Vide the said order, sum of `4,71,000/- was quantified for loss to the Government and it was directed that recovery would be effected by deducting `3,000/- per month in total 157 equal installments. It is the case of the petitioner that he filed an appeal dated 25.07.2010 (Annexure P-2) before respondent no. 2, which was pending but there was no recovery being effected as ordered. However, vide order dated 15.09.2015 (Annexure P-5), a sum of `8,000/- per month has now been started to be deducted from the pay of the petitioner which is to be done in 59 equal installments It is accordingly submitted that on one hand the respondents are not deciding the appeal and the petitioner is thus prejudiced. Counsel submits that he would be satisfied if the above said appeal is decided within a time bound frame.

Notice of motion.

Mr. R.S. Sidhu, AAG, Punjab accepts notice. Copy of the writ SHIVANI GUPTA 2016.04.28 15:26 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 6825 of 2016 petition has been handed over to him.

Keeping in view the limited relief sought, this Court is of the opinion that there is no need for the respondents to file reply. Accordingly, without commenting on the merits of the case, this Court is of the opinion that the writ petition can be disposed of with a direction to respondent no. 2 to decide the appeal which has now been pending for almost 5 years within a period of 2 months from the date of receipt of certified copy of the order. Needless to say if the relief is to be denied, a reasoned order be passed and conveyed to the petitioner. 25.04.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.04.28 15:26 I attest to the accuracy and integrity of this document Chandigarh