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2025 DAILYLAW 90609 (PNJ)

SHUBEG SINGH v. THE PUNJAB STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED AND OTHERS

CWP/23409/2025 · 2025-08-13

Harpreet Singh Brar

body2025

Judgment text

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120 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-23409-2025 Date of decision: 13.08.2025 Shubeg Singh ....Petitioner Versus The Punjab State Cooperative Supply and Marketing Federation Limited and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Shiv Kumar, Advocate and Mr. Lovedev Singh, Advocate for the petitioner. Ms. Pushpanjali Bisht, Advocate for Mr. T.S. Sidhu, Advocate for the respondents-MARKFED. HARPREET SINGH BRAR, J. (ORAL) The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus by directing respondent No.2 to hear and decide the statutory appeal dated 01.08.2025 (Annexure P-4) along with an application for stay dated 01.08.2025 (Annexure P-5) filed by the petitioner against the order dated 28.05.2025 (Annexure P-2) passed by respondent No.3. Learned counsel for the petitioner submits that the petitioner was charge sheeted for causing loss to the respondents-Corporation. The punishment order was passed on 28.05.2025 (Annexure P-2) and penalty was imposed for stoppage of two annual increments with cumulative effect besides recovery of amount with interest. Respondent No.4 without serving the said order implemented it by making deduction from the salary of the petitioner by June, 2025. The petitioner filed the appeal against the punishment order dated Neha 2025.08.19 13:42 I attest to the accuracy and integrity of this document CWP-23409-2025 -2- 28.05.2025 on 01.08.2025 before respondent No.2. The petitioner apprehends that respondent No.2 would not decide his statutory appeal within the stipulated period, as such, he has approached this Court for seeking direction to respondent No.2 to decide the statutory appeal filed by the petitioner along with the stay application and in the meantime, the petitioner has sought the stay of recovery imposed by respondent No.4 in terms of the order of punishment. Learned counsel for the respondent-MARKFED submits that the present writ petition is premature as the petitioner had moved a statutory appeal merely two days prior to filing the instant petition. He further contends that the writ jurisdiction of this Court cannot be invoked merely on the ipse dixit of the petitioner. Further still, no statutory rules have been violated. Learned counsel further assures this Court that the statutory appeal moved by the petitioner shall be decided in view of the applicable Rules. Having heard learned counsel for the parties and after perusal of the record, the Government of Punjab Department of Personnel has issued instructions on 03.03.1997 in terms of Rule 15 of the Punjab Civil Services (Punishment and Appeals) Rules, 1970 for providing the period of limitation. It has been directed by the aforementioned instructions that all pending appeals/review petitions etc. preferred by the Government employees may be disposed of within a period of three months from the date of issuance of these instructions. Admittedly, the statutory appeal was filed on 01.08.2025 and the writ petition was filed before this Court on 03.08.2025 and only on the mere apprehension of the petitioner, this Court is not inclined to interfere as counsel for the petitioner has failed to point out the violation of any statutory Rules for Neha 2025.08.19 13:42 I attest to the accuracy and integrity of this document CWP-23409-2025 -3- which this writ petition can be entertained and thus, the present writ petition is hereby dismissed. Pending miscellaneous application(s), if any, shall also stand disposed of. (HARPREET SINGH BRAR) JUDGE 13.08.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.08.19 13:42 I attest to the accuracy and integrity of this document