CWP-1880- IN THE 244 Yogesh Kumar Uttar Haryana Bijli Vitran Nigam CORAM: Present : HARPREET SINGH BRAR 1. Constitution of India for issuance of of certiorari a) (Annexure P order dated 18.02.2022 (Annexure P (Annexure P increment without future effect retirement on 31.05.2022 in the order dated 07.07.2022 (Annexure P 10) by imposing recovery of Rs.28662/ amount from the retiral benefits without issuing any show cause notice ag justice b) promotion order dated 25.03.2022(Annexure P petitioner be promoted from the date his immediately juniors have been promoted as AF 18 % p.a. 1 -2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of Decision: Yogesh Kumar VERSUS Uttar Haryana Bijli Vitran Nigam and others HON'BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Naveen Daryal, Advocate for the petitioner. Mr. Ashish Yadav, Advocate for the respondent HARPREET SINGH BRAR, J. (Oral) The present writ petition has been filed under Article 226 Constitution of India for issuance of an appropriate and mandamus with following prayers: “To quash the impugned office No.151 dated 11.08. (Annexure P-3) passed by the S.E. (OP) Circle UHBVN, Panipat and order dated 18.02.2022 (Annexure P (Annexure P-9) by imposing punishment of stoppage of one annual increment without future effect be recovered from the retirement on 31.05.2022 in the order dated 07.07.2022 (Annexure P 10) by imposing recovery of Rs.28662/ amount from the retiral benefits by passing without issuing any show cause notice ag justice. directing the respondents to release the recovery amount and the promotion order dated 25.03.2022(Annexure P petitioner be promoted from the date his immediately juniors have been promoted as AFM with all consequential benefits along with interest @ 18 % p.a.” HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-1880-2023 Date of Decision: August 28, 2025 .....Petitioner VERSUS and others ..Respondent HARPREET SINGH BRAR for the petitioner. Advocate for the respondents. The present writ petition has been filed under Article 226 of the n appropriate writ or order in the nature following prayers:- To quash the impugned office No.151 dated 11.08.2021 3) passed by the S.E. (OP) Circle UHBVN, Panipat and order dated 18.02.2022 (Annexure P-5) and order dated 30.06.2022 9) by imposing punishment of stoppage of one annual recovered from the official after retirement on 31.05.2022 in the order dated 07.07.2022 (Annexure P 10) by imposing recovery of Rs.28662/- from the leave encashment by passing a non-speaking order and without issuing any show cause notice against the rules of natural directing the respondents to release the recovery amount and the promotion order dated 25.03.2022(Annexure P-7) be implemented and petitioner be promoted from the date his immediately juniors have been M with all consequential benefits along with interest @ , 2025 .....Petitioner ..Respondents of the in the nature 2021 3) passed by the S.E. (OP) Circle UHBVN, Panipat and 5) and order dated 30.06.2022 9) by imposing punishment of stoppage of one annual official after retirement on 31.05.2022 in the order dated 07.07.2022 (Annexure P- from the leave encashment speaking order and ainst the rules of natural directing the respondents to release the recovery amount and the 7) be implemented and petitioner be promoted from the date his immediately juniors have been M with all consequential benefits along with interest @ PUNEET CHAWLA 2025.09.02 17:25 I attest to the accuracy and integrity of this document CWP-1880- 2. that the grievance of the petitioner with regard to recovery of amount stands satisfied and the grievance of the petitioner with regard to his promotion be considered and appropriate order will be passed after affording an opportunity of being heard. 3. be satisfied in the case direction is issued to to his prayer(s) 4. counsels’, the present writ petition is disposed of and the respondents/competent authority is directed to representation and order in accordance with law within a period of this order. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith by the respo 5. application(s), if any. August 28, 2025 P.C 2 -2023 Learned counsel for the respondents, at the very outset, submits that the grievance of the petitioner with regard to recovery of amount stands satisfied and it has been decided not to make any impugned recovery. Further, the grievance of the petitioner with regard to his promotion be considered and appropriate order will be passed after affording an opportunity of being heard. However, learned counsel for the petitioner submits tha be satisfied in the case the present petition be treated as representation direction is issued to the respondents to pass fresh to his prayer(s) regarding promotion in the present writ petition. Therefore, in view of the submission made by learned counsels’, the present writ petition is disposed of and the respondents/competent authority is directed to representation and consider the claim of the petitioner and pass a speaking in accordance with law, after affording within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith by the respo Disposed of, accordingly, so also the pending miscellaneous application(s), if any. , 2025 Whether speaking/reasoned. : Whether Reportable. : Learned counsel for the respondents, at the very outset, submits that the grievance of the petitioner with regard to recovery of amount stands make any impugned recovery. Further, the grievance of the petitioner with regard to his promotion be considered and appropriate order will be passed after affording an opportunity of being heard. However, learned counsel for the petitioner submits that he would present petition be treated as representation and pass fresh speaking order with regard in the present writ petition. in view of the submission made by learned counsels’, the present writ petition is disposed of and the respondents/competent authority is directed to treat the writ petition as consider the claim of the petitioner and pass a speaking , after affording him an opportunity to be heard, from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith by the respondents. , so also the pending miscellaneous (HARPREET SINGH BRAR) JUDGE Whether speaking/reasoned. : Yes/No Yes/No Learned counsel for the respondents, at the very outset, submits that the grievance of the petitioner with regard to recovery of amount stands make any impugned recovery. Further, the grievance of the petitioner with regard to his promotion be considered and would and a order with regard in view of the submission made by learned counsels’, the present writ petition is disposed of and the treat the writ petition as consider the claim of the petitioner and pass a speaking an opportunity to be heard, from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief , so also the pending miscellaneous (HARPREET SINGH BRAR) PUNEET CHAWLA 2025.09.02 17:25 I attest to the accuracy and integrity of this document