High Court of Punjab and HaryanaCWP/26777/2019disposed of

Kuldip Singh v. Punjab State Power Corporation Ltd And Others

2019-12-12Mr. Justice Tejinder Singh Dhindsa2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.26777 of 2019 Date of Decision : 12.12.2019 Kuldip Singh ....Petitioner

Versus

Punjab State Power Corporation Ltd. and others

...Respondents

CORAM : HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA ...

Present : Mr.D.R.Punia, Advocate for the petitioner.

...

TEJINDER SINGH DHINDSA, J.(ORAL) Petitioner, who is serving on the post of Assistant Junior Engineer under the Punjab State Power Corporation Limited, was imposed the major penalty of stoppage of three annual increments with cumulative effect vide order dated 29.12.2015 (Annexure P-2) passed by the Superintending Engineer/Tech.-2, Patiala. The short grievance raised in the petition is that an appeal preferred against the order of the punishing authority dated 04.04.2016 (Annexure P-3) is still pending and no decision thereupon has been taken.

Counsel confines the scope of the instant writ petition for issuance of directions to the appellate authority to take a final decision on the appeal in a time bound manner. Prayer made by counsel is found to be just and reasonable. The appeal dated 04.04.2016 (Annexure P3) filed by the petitioner is under Regulation 18 of the Punjab State Electricity Board

CWP No.26777 of 2019 -2Employees (Punishment and Appeal) Regulations, 1971. It is towards availing of such statutory remedy that the appeal has been preferred by the petitioner against the imposition of a major penalty. Under such circumstances it is imperative upon the appellate authority to take a decision on the appeal as otherwise the petitioner would continue to be visited by adverse civil consequences. In view of the above and without opining on the merits of the case, writ petition is disposed of with a direction to respondent No.1 to consider the appeal dated 04.04.2016 (Annexure P-3) and to take a final decision thereupon within a period of two months from the date of receipt of the certified copy of this order. It would be appreciated if an opportunity of personal hearing is granted to the petitioner prior to taking a decision.

Disposed of.

12.12.2019 (TEJINDER SINGH DHINDSA) dss JUDGE Whether speaking/reasoned Yes Whether reportable No