PUNJAB STATE POWER CORPORATION LIMITED AND OTHERS v. SUKHWINDER SINGH
LPA/1794/2019 · 2026-09-03
Harsimran Singh Sethi, Minderjeet Yadav
body2019
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[ 2019 DAILYLAW 4204 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2019 DAILYLAW 4204 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
205
PUNJAB STATE POWER CORPORATION LIMITED AND OTHERS
SUKHWINDER SINGH
PUNJAB STATE POWER CORPORATION LIMITED OTHERS
JASBIR SINGH
PUNJAB STATE POWER CORPORATION LTD. AND
YOGESH BEDI
CORAM:
Present:
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision :
1. CM-4031
LPA-1794 PUNJAB STATE POWER CORPORATION LIMITED AND OTHERS
VERSUS SUKHWINDER SINGH
2. CM-4034
CM-3812
LPA-1795 PUNJAB STATE POWER CORPORATION LIMITED THERS
VERSUS JASBIR SINGH
3. CM-1058
in/and LPA PUNJAB STATE POWER CORPORATION LTD. AND
VERSUS YOGESH BEDI
CORAM:
HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
HON'BLE MR. JUSTICE MINDERJEET YADAV
Mr. Parminder Singh, Advocate For the appellant(s) in LPA Nos.1794 and 1795 of 2019.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 03.09.2026 4031-4032-4033-LPA-2019 in/and 1794-2019(O&M) PUNJAB STATE POWER CORPORATION LIMITED AND
........Appellants VERSUS
........Respondent 4034-4035-LPA-2024 and 3812-LPA-2024 in/and 1795-2019 (O&M) PUNJAB STATE POWER CORPORATION LIMITED AND
........Appellants VERSUS
........Respondent 1058-1059-1060-1061-LPA-2023 in/and LPA-378-2023 (O&M) PUNJAB STATE POWER CORPORATION LTD. AND OTHERS
........Appellants VERSUS
........Respondent HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE MINDERJEET YADAV Parminder Singh, Advocate For the appellant(s) in LPA Nos.1794 and 1795 of 2019.
2019 in/and PUNJAB STATE POWER CORPORATION LIMITED AND ........Appellants ........Respondent AND ........Appellants ........Respondent 2023
........Appellants ........Respondent SAPNA GOYAL 2026.09.08 10:40 I attest to the accuracy and integrity of this document
LPA-1794-2019(O&M) and other connected cases
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Mr. Dhruv Walia, Advocate
for the appellant in LPA No.378 of 2023.
Mr. Pankaj Sharma, Advocate
for respondent No.1 in LPA No.1794 of 2019.
Mr. Nilesh Bhardwaj, Advocate
for the respondent in LPA No.378 of 2023.
***
HARSIMRAN SINGH SETHI, J. (Oral)
CM-4031-4032-LPA-2019 in/and LPA-1794-2019(O&M) CM-4034-4035-LPA-2024 in/and LPA No.1795 of 2019 (O&M) CM-1059-1060-LPA-2023 in/and LPA-378-2023 (O&M)
Present applications have been filed for condoning the delay of days ranging from 10 to 150 in filing and the delay of days ranging from 10 to 100 in re-filing the appeals.
Keeping in view the contents mentioned in the applications, the same are allowed and the delay of days ranging from 10 to 150 in filing and delay of days ranging from 10 to 100 in re-filing the appeals, are condoned. Main appeals
1.
Present are the bunch of three appeals, the details of which are mentioned in the heading involve common question of law in the context of common set of facts and thus they are being decided by a common order.
2.
In the present bunch of appeals, the challenge is to the
judgment dated 27.02.2019 passed by the learned Single Judge in CWP No.2695 of 2016, titled as “Sukhwinder Singh vs. The Punjab State Power Corporation Ltd. through its Chairman-cum-Managing Director, The Mall, Patiala and others”, wherein the punishment imposed after dissenting with the report of the Enquiry Officer, which dissenting note was not SAPNA GOYAL 2026.09.08 10:40 I attest to the accuracy and integrity of this document
LPA-1794-2019(O&M) and other connected cases
-3- supplied to the Delinquent Officials before imposing the punishment, has been set aside qua the respondents.
3.
Learned counsel appearing on behalf of the appellant(s) submits that once the reason for setting aside the punishment is non-observance of the Rules of Natural Justice, liberty should have been given by the learned Single Judge to revisit the issue and pass a fresh order in accordance with law, but such liberty having not been given which is causing prejudice. Hence, in the present appeal, only such prayer is raised that liberty be given to proceed against the respondents afresh in accordance with law.
4.
Learned counsel for the respondent(s) submit that there were total of three Delinquent Officials, and one of the Delinquent Officials, namely Jasbir Singh, has already died, and therefore, no fresh permission can be granted at this stage, even to hold a fresh enquiry against such deceased employee. 5. With regard to the others, learned counsel for the respondent(s) submits that the other two respondents are super senior citizens and are more than 70 years of age, and permitting the appellant(s) to proceed against them would cause great hardship to them at this stage, especially when the allegations are only related to supervisory lapse, which had led to some theft of the wires of the appellant(s). 6. We have heard learned counsel for the parties and have gone through the records of the present bunch of appeals with their able assistance. 7. It may be noticed that once the punishment imposed upon the respondent(s) is set aside due to non-observance of the principles of natural justice, it becomes the duty of the Court to give an opportunity to the SAPNA GOYAL 2026.09.08 10:40 I attest to the accuracy and integrity of this document
LPA-1794-2019(O&M) and other connected cases
-4- employer to proceed afresh in accordance with law from the stage where illegality crept in while conducting the disciplinary proceedings or passing the order of punishment. 8. Though, in the present bunch of appeals also, liberty should have been given by the learned Single Judge while passing the judgment dated 27.02.2019, however certain facts have come into light after the passing of the decision, which needs to be looked into while considering the grant of such liberty as prayed for by the learned counsel for the appellant(s). 9. It is submitted that one of the Delinquent Official namely Jasbir Singh, has already expired thence, thus, the question of proceeding against him does not arise. Further, the other two Delinquent Officials are super senior citizens and, at this stage, they are not in a position to undergo the disciplinary proceedings. 10. Further, the allegations alleged against the respondents were of supervisory lapse, which had led to the theft of the wires. Such allegations were of failure to perform the supervisory duties and no punishment other than a warning could have been given, especially when the respondent(s) have retired long ago. 11.
Keeping in view the totality of the circumstances, the departure is being made in the facts and circumstances of the present bunch of appeals while declining liberty to conduct disciplinary proceedings afresh, as one of the Delinquent Officials, namely Jasbir Singh, has already died and all the Delinquent Officials were proceeded against for the same allegations. Further, the other Delinquent Officials are super senior citizens and are not in a position to undergo the disciplinary proceedings, coupled with the fact SAPNA GOYAL 2026.09.08 10:40 I attest to the accuracy and integrity of this document
LPA-1794-2019(O&M) and other connected cases
-5- that the allegations levelled against them were of supervisory negligence, which was also not proved during the enquiry proceedings. 12. Keeping in view the totality of the circumstances, no ground is made out for any interference by this Court. Accordingly, the present bunch of appeals stand dismissed. 13. In case any benefits admissible to the respondent(s) have been withheld, the same shall be released to them in accordance with law within a period of eight weeks from the date of receipt of a certified copy of this
order.
14.
Pending application(s), if any, shall stand disposed of.
15.
Photocopy of this order be placed on the files of other connected cases.
(HARSIMRAN SINGH SETHI) JUDGE
03-09-2026 Sapna Goyal
(MINDERJEET YADAV) JUDGE
NOTE: Whether speaking/ reasoned: YES
Whether reportable: NO
SAPNA GOYAL 2026.09.08 10:40 I attest to the accuracy and integrity of this document