Punjab-Haryana High Court
Jaswant Singh vs Pswc & Anr on 2 December, 2014
Author: Amol Rattan Singh
Bench: Amol Rattan Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.24628 of 2014
Date of Decision: 02.12.2014
Jaswant Singh ....Petitioner
Vs.
The State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH.
Present: Mr. Aditya Grover, Advocate
for the petitioner.
Amol Rattan Singh, J (Oral)
Learned counsel for the petitioner points out that despite the fact that in the inspection report (Annexure P-6), the condition of the stock is shown as 'overall satisfactory', in the column of remarks, it is given that there is "B/S pocket damage and isolated atta formation"; however, he further points to the charge hand-over statement (Annexure P-7), which is dated after the inspection report, wherein also, it is stated that at the time when the petitioner had handed over the charge of the godown in the warehouse, the stock was in good condition and would not cause any loss to the corporation.
Yet again, in the disposal report of auctioned stock for the crop year 2009-10 (Annexure P-13), it is shown that the stock started deteriorating not at the time when the petitioner was incharge but when one Joginder Pal Singh was incharge of the same.
He contends that despite the above, a recovery of VIKAS CHANDER 2014.12.08 11:34 I attest to the accuracy and integrity of this document CWP No.24628 of 2014 -2- Rs.29,52,033.50/-, has been imposed upon the petitioner, as a result of which a punishment of cut of 50% in his pension has also been imposed , vide the impugned order (Annexure P-4).
Learned counsel submits that he has filed an appeal against the said order to the appellate authority on 23.09.2014, which has still not been decided.
Consequently, without commenting upon the merits of the case, this petition is disposed of with a direction to the appellate authority before whom the appeal (Annexure P-5) is pending, to take a decision on the aforesaid appeal by passing a speaking order within a period of 2 months from the date of receipt of a certified copy of this order.
Till such appeal is not decided, the recovery, including 50% cut in pension, shall not be made from the pension of the petitioner.
December 02, 2014 (Amol Rattan Singh)
vcgarg Judge
VIKAS CHANDER
2014.12.08 11:34
I attest to the accuracy and
integrity of this document