Harbans Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 9112 of 2016 (O&M) Date of Decision: 31.10.2022 Harbans Singh .......... Petitioner

Versus

State of Punjab .......... Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Puneet Gupta, Advocate for the petitioner.

Mr. R.K. Kapoor, Additional Advocate General, Punjab **** MAHABIR SINGH SINDHU, J.

1.

Present petition has been filed under Article 226 of the Constitution, inter alia, for quashing the impugned charge-sheet dated 21.04.2016 (P-4) issued to the petitioner just 09 days prior to his retirement on 30.04.2016.

2.

Upon notice, reply on behalf of respondent stands filed. 3.

Petitioner retired from service on 30.04.2016. He was chargesheeted on 21.04.2016; but during the pendency of present petition, it was was dropped vide order dated 08.06.2017 and retiral dues have been disbursed to him.

4.

On the last date of hearing, this Court passed the following order:- " Learned State counsel will take instructions about the interest part on the delayed payment to the petitioner in view of the fact that charge-sheet was dropped by the respondents at their own level.

Needful be done within three weeks from today positively.

DINESH KUMAR 2022.11.02 17:28 I attest to the accuracy and authenticity of this document

CWP No. 9112 of 2016 (O&M) -2Posted on 31.10.2022.

A copy of this order be conveyed to the quarter concerned for compliance. "

5.

Today, learned counsel, on instructions from petitioner, submits that present petition be disposed off with liberty to raise his grievance before the authorities regarding claim of interest on delay in payment of retiral dues. 6.

In view of above, present petition is disposed off with liberty to the petitioner to raise his grievance before the authorities regarding ancillary reliefs, if so advised.

7.

In case petitioner makes a request within two weeks from today, same shall be considered in accordance with law by passing reasoned order within next four weeks.

8.

However, in case request is not decided, petitioner would be at liberty to move an application for revival of present petition and same shall be considered as per law.

9.

Pending application(s), if any, also stand(s) disposed off. October 31, 2022 ( MAHABIR SINGH SINDHU ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.11.02 17:28 I attest to the accuracy and authenticity of this document