Sukhwinder Singh v. Punjab State Warehousing Corp. And ANR

CWP No.29479 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.29479 of 2024 (O&M) Date of decision: 29.10.2024 Sukhwinder Singh ....Petitioner

Versus

Punjab State Warehousing Corporation (PSWC) and another ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. J.P. Rana, Advocate for the petitioner.

NAMIT KUMAR J. (Oral) 1.

The instant petition has been filed by the petitioner seeking a writ of mandamus for directing respondent No.1, to stop the recovery from the pension of the petitioner till the pendency of the statutory appeal dated 07.10.2024 (Annexure P-5) filed by petitioner, against the punishment order dated 12.09.2024 (Annexure P-4), whereby the Managing Director again kept intact the order of punishment dated 04.01.2011 (issued on 25.01.2011) (Annexure P-2) vide which recovery of Rs.5,16,550/- has been imposed upon the petitioner. Further prayer has been made to stay the operation of order dated 12.09.2024 (Annexure P-4), till respondent No.2 - Appellate Authority decide the statutory appeal dated 07.10.2024 (Annexure P-5) filed by the petitioner.

MOHD YAKUB 2024.10.29 18:14 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.29479 of 2024 (O&M) 2.

Learned counsel for the petitioner prays for deciding the appeal filed by the petitioner dated 07.10.2024 (Annexure P-5) expeditiously by passing a speaking order in a time-bound manner. 3.

Notice of motion.

4.

Ms. Shivani Sharma, Advocate for Mr. Sukhbeer Hundal, Advocate, accepts notice on behalf of the respondents and submits that she has no objection if time bound directions are issued to the Appellate Authority to consider and decide the statutory appeal filed by the petitioner.

5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Respondent No.2 - Appellate Authority is directed to decide the appeal dated 07.10.2024 (Annexure P-5) filed by the petitioner, in accordance with law by passing a speaking order as expeditiously as possible preferably within a period of six months from the date of receipt of certified copy of this order. 7.

Since the statutory appeal filed by the petitioner is pending and yet to be decided, it will be in the interest of justice that no further recovery be effected from the petitioner.

8.

Petition stands disposed of in the above terms. (NAMIT KUMAR) JUDGE 29.10.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.10.29 18:14 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh