High Court of Punjab and HaryanaCWP/32798/2019disposed of

Satnam Singh v. State Of Punjab And Others

2019-11-14Mr. Justice Harsimran Singh Sethi3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 14.11.2019 Satnam Singh ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. H.S. Saini, Advocate, for the petitioner.

*** HARSIMRAN SINGH SETHI , J. (ORAL) Though in the present writ petition, the prayer of the petitioner is for the release of the pensionary benefits, which have been withheld keeping in view the pendency of the disciplinary proceedings, but at the time of hearing, learned counsel for the petitioner prays that the petitioner will be satisfied in case the inquiry proceedings, which are pending against him before his retirement be taken to a logical end in a time bound manner, as he is suffering prejudice due to the non-finalization of the said inquiry proceedings. On the asking of the Court, Ms. Sunint Kaur, Assistant Advocate General, Punjab accepts notice on behalf of the respondents. Keeping in view the order, which is being passed today, no

-2reply is needed at this stage, as the only prayer of the petitioner, which has been pressed, is for finalization of the inquiry proceedings in a time bound manner.

Learned counsel for the respondents states that if the averments, which have been made in the present writ petition are correct that the inquiry report has already been received by the punishing authority in January, 2019 and only an order is to be passed after the consideration of the said inquiry report, the same will be passed within a period of three months from the date of receipt of certified copy of this order in case the petitioner cooperates with the department. Learned counsel for the petitioner states that all cooperation will be extended by the petitioner in finalizing the inquiry proceedings within the time framed, as undertaken by learned counsel for the respondents.

Keeping in view the statement of learned counsel for the respondents, present writ petition is disposed of with the direction to the respondents to finalize the inquiry proceedings, which are pending against the petitioner, within a period of three months from the date of receipt of certified copy of this order. It is made clear that in case the petitioner does not cooperate or due to any valid unforeseen reason the inquiry proceedings are not finalized within the above fixed period of three months, the respondents will be at liberty to approach this Court for extension of time.

Further, in case, after the inquiry proceedings are finalized, there is no other impediment in the release of the pensionary benefits of

-3the petitioner, appropriate order shall be passed qua the release of the same, so that the petitioner does not suffer any prejudice thereafter. Present wit petition stands disposed of in the above terms. ( HARSIMRAN SINGH SETHI ) November 14, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?