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High Court of Punjab and HaryanaCWP/26474/2018dismissed

Balwinder Kaur v. State Of Punjab And Others

2018-11-02Mrs. Justice Raj Rahul Garg2 pages

CWP-26474-2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CWP-26474-2018 (O&M).

Decided on: November 2, 2018.

Balwinder Kaur .. Petitioner

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR.JUSTICE JASWANT SINGH * * * PRESENT Ms.Saguna Arora, Advocate, for Mr.R.K.Arora, Advocate, for the petitioner.

Mrs.Anu Chatrath Kapoor, Addl.A.G. Punjab.

JASWANT SINGH, J. (ORAL) The petitioner while working as a Librarian and posted at Government. Senior Secondary School, Diyalpur Sodian, District S.A.S. Nagar, had drawn "house rent allowance" from August 2009 onwards till it was discovered that her husband serving as Agriculture Information Officer and posted at Chandigarh was allowed residential accommodation in Chandigarh.

The petitioner was asked to refund the aforesaid amount of "house rent allowance" along with interest. Pursuant to order dated RAJ KUMAR ARORA 2018.11.03 13:34 I attest to the accuracy and integrity of this document

CWP-26474-2018 (O&M) 23.1.2018 (Annexure P4), the refund by way of monthly installments deducted from her salary @ Rs.11,000/- per month commenced w.e.f. January 2018.

The instant writ petition has been filed challenging the charge sheet dated 16.8.2018 (Annexure P5), on the alleged misconduct of drawing excess payment of "house rent allowance" which the petitioner has already proceeded to refund along with interest. During the course of previous hearing, it was pointed out that posting at a school in District Mohali and the allotment of residential house to the husband at Chandigarh, could not be said to be equivalent to a posting at one place.

Be that as it may, keeping in view the conduct of the petitioner in willfully refunding the excess amount of "house rent allowance" claimed, the Department was asked to reconsider her case. At the time of resumed hearing today, learned State counsel states that the charge sheet dated 16.8.2018 (Annexure P5), has been dropped in view of the aforesaid stand of the petitioner and nothing survives to be adjudicated upon in the instant writ petition. Dismissed as having rendered infructuous.

(JASWANT SINGH) JUDGE November 2, 2018.

raj arora Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2018.11.03 13:34 I attest to the accuracy and integrity of this document