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2026 DAILYLAW 26199 (PNJ)

PUNJAB AGRO INDUSTRIES CORPORATION LIMITED v. CHANDER SHEKHAR PATHAK AND OTHERS

LPA/1565/2026 · 2026-07-03

Amarinder Singh Grewal, Harsimran Singh Sethi

body2026

Judgment text

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LPA No. 1565 of 2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (110) LPA No. 1565 of 2026 (O&M) Date of Decision : 03.07.2026 Punjab Agro Industries Corporation Limited ...Appellant Versus Chander Shekhar Pathak and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr. Ranjit Singh Kalra, Advocate for the appellant. Mr. Shobit Phutela, Advocate for respondent No. 1. *** Harsimran Singh Sethi, J. (Oral) Mr. Shobit Phutela, Advocate has put in appearance on behalf of respondent No. 1 and has filed his Vakalatnama. The same is taken on record. 1. The appellant has filed the present appeal challenging the order of learned Single Judge dated 07.05.2026 passed in CWP No. 11639 of 2026. 2. Learned counsel for the appellant, at the outset, submits that no order of recovery has been passed against respondent No. 1 and proceedings which were undertaken against him after his retirement will only be termed as a fact finding enquiry not giving any right ipso facto to seek the recovery. Learned counsel for the appellant submits that keeping in view the law settled by this Court in CWP No. 25369 of 2018 titled as Shaminder Singh Vs. The Punjab Agro Industries Corporation and another, the said fact KANCHAN 2026.07.06 17:23 I attest to the accuracy and integrity of this order/judgment LPA No. 1565 of 2026 (O&M) 2 finding enquiry will only give jurisdiction to the appellant to file a civil suit to claim the said amount. 3. Learned counsel for respondent No. 1 raises no objection to the said stand being taken. 4. Keeping in view the above, the present appeal is disposed of with the observation that any enquiry which continued beyond the date of retirement of respondent No. 1 and any finding came on such enquiry proceedings, will only be treated as a fact finding enquiry giving authorization/jurisdiction to the appellant to claim any such amount by filing a civil suit, especially when, no rule has been cited before this Court that the appellant had the jurisdiction to continue the enquiry proceedings after the retirement rather the said law has already been settled in Shaminder Singh’s case (supra), which is gone undisputed at the hands of the appellant. 4. The present Letters Patent Appeal is disposed of in above terms. 5. Pending miscellaneous application, if any, also stands disposed of. (HARSIMRAN SINGH SETHI) JUDGE (AMARINDER SINGH GREWAL) July 03, 2026 JUDGE kanchan Whether speaking/reasoned : Yes Whether reportable : No KANCHAN 2026.07.06 17:23 I attest to the accuracy and integrity of this order/judgment