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2025 DAILYLAW 29697 (PNJ)

GULSHAN RAI NAGPAL v. STATE OF PUNJAB

CWP/4980/2001 · 2025-07-15

Harsimran Singh Sethi

body2025

Judgment text

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CWP-4980-2001 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 219 CWP-4980-2001 (O&M) Date of Decision :15.07.2025 Gulshan Rai Nagpal ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. Dhiraj Chawla, Advocate for the petitioner. Mr. Rahul Rampal, Addl. A.G. Punjab. * * * Harsimran Singh Sethi, J. (Oral) 1. After arguing for some time, learned counsel for the petitioner submits that the only question which remains in the present petition for consideration is qua the recovery part, which was sought to be effected by the respondents from the petitioner, who is a retired employee now and as per settled principle of law settled by the Hon’ble Supreme Court of India in State of Punjab and others Vs. Rafiq Masih (White Washer) etc., 2015(1) S.C.T., 195, no recovery can be made from a retired employee hence, the petitioner intends to approach the respondents by way of filing a representation for waiving of the said recovery and prays that the respondents be directed to decide the said representation with compassion by keeping in view the settled principle of law settled in Rafiq Masih (supra). 2. Learned counsel for the respondents submits that in case, any representation is received at the hands of the petitioner, the same will be AARTI SHARMA 2025.07.16 17:12 I attest to the accuracy and integrity of this document CWP-4980-2001 (O&M) -2- decided by the respondents with compassion by keeping in view the settled principle of law settled in Rafiq Masih (supra) by passing an appropriate speaking order within a period of eight weeks from the date of the receipt of any such representation and in case, it is found feasible to accept the claim of the petitioner, the same will be accepted, otherwise due reasons for not accepting the claim of the petitioner will be mentioned in the speaking order so passed which order will be conveyed to the petitioner for his information and necessary action. 3. Learned counsel for the petitioner submits that keeping in view the statement of learned counsel for the respondents, the present petition may kindly be disposed of having been not pressed any further. 4. Ordered accordingly. 5. It may be noticed that till the representation to be filed by the petitioner qua the recovery part, is decided by the respondents, no recovery will be done from the petitioner. July 15, 2025 (HARSIMRAN SINGH SETHI) aarti JUDGE Whether speaking/reasoned : Yes Whether reportable : No AARTI SHARMA 2025.07.16 17:12 I attest to the accuracy and integrity of this document