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Punjab-Haryana High Court

Satinder Pal Singh vs Punjab State Warehousing Corporation ... on 31 January, 2025

                                    Neutral Citation No:=2025:PHHC:014565




CWP-2486-2025
         2025


117
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                         CWP-2486-2025
                         DATE OF DECISION : JANUARY 31, 2025


SATINDER PAL SINGH                                       ...PETITIONER
                                Versus

PUNJAB STATE WAREHOUSING CORPORATION (PSWC), THROUGH ITS

MANAGING DIRECTOR AND ANR                            ...RESPONDENTS

CORAM : HON'BLE MS. JUSTICE LAPITA BANERJI

Present :   Mr. J.P. Rana, Advocate
            for
             or the petitioner.
                    petitioner


LAPITA BANERJI, J.(ORAL)

J. Learned counsel appearing on behalf of the petitioner submits that illegally and arbitrarily the impugned order dated January 01, 2025 (Annexure P-1)

1) has been passed by the Managing Director of the Punjab State Warehousing Corporation (PSWC)-respondent (PSWC) respondent No. No.1.

2. In the present writ petition under Articles 226/227 of the Constitution of India, the petitioner prays for restraining respondent No.1 No.1- Punishing Authority from recovering 60% of his salary during the pendency of the statutory appeal dated January 20, 20, 2025 (Annexure P P-2) against the order of punishment dated January 01, 2025 (Annexure P P-1). A recovery of Rs.1,34,84,781/ was directed vide the impugned order. Rs.1,34,84,781/-

3. Learned counsel for the petitioner relies upon an order dated May 28, 2024 passed by a Coordinate Bench of this Court in CWP-12734-2024, whereby the recovery of Rs.15,42,646.50 has been stayed. He submits that his Page 1 of 2 1 of 2 ::: Downloaded on - 01-02-2025 18:25:25 ::: Neutral Citation No:=2025:PHHC:014565 CWP-2486-2025 2025 appeal dated January 20, 2025 (Annexure P-2) P 2) may be decided in a time bound manner by passing a speaking order.

4. Issue notice of motion.

5. Ms. Shivani Sharma, Sharma, Advocate accepts notice on behalf of the respondents and submits that the appeal shall be decided expeditiously.

6. This Court has heard the learned counsel for the parties and perused the material on record.

7. Prima facie, facie, this Court is satisfied that since the petitioner has preferred a statutory appeal within the time and the recovery to be effected from him is to the tune of 60% of his monthly salary which would cause grave hardship to him and till such timee the appeal is decided, the recovery proceedings should be stayed. The Appellate Authority is directed to decide the appeal in accordance with law and pass a speaking order by giving an opportunity of hearing to the petitioner expeditiously and preferably within a period of six months from the date of this order.

8. With the direction aforesaid, CWP CWP-2486-2025 is disposed of.

9. Connected application(s), if any, shall also stand disposed of.

(LAPITA BANERJI) JUDGE JANUARY 31, 31 2025 Prince Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Page 2 of 2 2 of 2 ::: Downloaded on - 01-02-2025 18:25:26 :::