September 11, 2025 Karamjit Sing jit Singh itioner v. CORAM: Present
Case Details
CWP-8640- -2024 1 N THE HIGH COURT OF PUNJA IN TH AT CHANDIGA DIGARH NJAB AND HARYANA 261 CWP- -8640-2024 Date of , 2025 ate of Decision: September 11, 2025 Karamjit Sing jit Singh itioner .....Petitioner State of Punja Punjab and others ...Respondent dents SUS VERSUS CORAM: Present :
Legal Reasoning
HON'BLE MR. JUSTICE HA Mr. Anupam Bhardwaj, Advocat dvocate for the petitioner. HARPREET SINGH BRAR Mr. Akhil Kamra, AAG, Punjab unjab. Mr. Vikas Singh and Ms. Mani Federation. ndent- Manisha, Advocates for respondent HARPREET REET SINGH BRAR, J. (Oral) 1. The present writ petition has bee of as been filed under Article 226/227 of the Constituti nstitution of India with a prayer for issu or for issuance of an appropriate writ or order in the n the nature of mandamus directing t ent of cting the respondents for payment of interest at the at the rate of 12% in view of full benc assed ll bench judgment of this Court passed in case titled titled as A.S Randhawa Versus State tate of Punjab 1997(3) SCT 468 in in view of the f f the fact that though the petitioner r retiral oner retired on 30.06.2009 but retiral benefits have s have been released to him in June 202 . e 2022 i.e. after a period of 13 years. 2. Learned counsel for the petiti petitioner inter alia contends that s that petitioner jo ner joined the services of responde as a spondent No.3 in July, 1987 as a storekeeper eper. Further, two different charge st the harge-sheets were issued against the petitioner on ner on 08.11.2002 and 02.09.2005 res issed 05 respectively and he was dismissed from service ervice vide order dated 10.08.2007 of 8.2007 and penalty of recovery of Rs.9,32,364/ 2,364/- was also imposed in charge- r, -sheet dated 02.09.2005. Further, in regard to rd to charge-sheet dated 08.11.2002, lty of .2002, he was imposed a penalty of stoppage of ge of four increments with cumulati overy. mulative effect along with recovery. PUNEET CHAWLA 2025.09.16 14:31 I attest to the accuracy and integrity of this document CWP-8640- -2024 2 Thereafter, th fter, the petitioner filed two separate ard of eparate appeals before the Board of Directors bu rs but the same were dismissed vi dated ed vide two separate orders dated 01.09.2008. F 008. Feeling aggrieved, he filed revi os.60 ed revisions petitions bearing Nos.60 and 69 of 2 of 2009, which were allowed by (G) ed by the Additional Registrar (G) Cooperative rative Societies, Punjab vide two sep .2010 o separate orders dated 18.10.2010 and 01.11.20 1.2010. Thereafter, the respondent
Decision
order ndent No.3 challenged the said order by way of y of filing civil writ petition No.2 stands No.2039-2011, which also stands dismissed on sed on 3.2.2011. Against the order o No.3 rder of this Court, respondent No.3 filed LPA N PA No.732 of 2011 which was decid vision s decided with liberty to file revision petition befor n before the State Government. Ultima sed in Ultimately, in terms of order passed in LPA, two re two revisions petitions under Sectio rative Section 69 of Punjab Cooperative Societies Ac es Act, were filed before the Gove ers of Government against the orders of punishment ment dated 10.8.2007 and appella .2008. appellate orders dated 01.09.2008. Thereafter, b fter, both the revision petitions wer at no s were allowed by holding that no recovery can ry can be made from the petitioner e and ioner on the administrative side and remanded the the case to Board of Directors. Le itioner rs. Learned counsel for the petitioner further subm submits that retiral dues were relea ly on e released to the petitioner only on 022. 10.06.2022. 3. Per contra, learned counsel fo s that sel for the respondent submits that petitioner con ner continued to sleep over his rights f ch, he ights for several years and as such, he is not entitled tled to interest on the delayed paym sal of d payment and prays for dismissal of the present pe sent petition. 4. It is not in dispute that petit nt of t petitioner received an amount of Rs.11,32,542 32,542/- on 10.06.2022 in terms of the ard of of the resolution passed by Board of Directors in rs in its meeting on 17.01.2022. The lution 2. The bare reading of the resolution PUNEET CHAWLA 2025.09.16 14:31 I attest to the accuracy and integrity of this document CWP-8640- -2024 3 further revea reveals that Board in its meeting held genda g held on 05.08.2014 through agenda item No.157 o.157.11 formed a committee and a actors and after examining all the factors concluded th ded that petitioner is not at fault and c r with t and complicity of the petitioner with regard to alle to alleged misconduct is not proved. dation oved. However, this recommendation of the Comm Committee could not be implemented rm of ented due to the expiry of the term of the Board. T ard. Thereafter, the Board through ag eeting ugh agenda No.188.14 in its meeting dated 11.02. 11.02.2020 recommended to obtain enior obtain an opinion from a Senior Advocate on ate on the panel of respondent No.3 a ce the o.3 and it was decided that once the punishment ment order passed against the petiti e, the petitioner have been set aside, the petitioner is ner is entitled to salary, admissible ment, issible dues like leave encashment, y etc. gratuity etc. 5. In view of the above factual pos ibuted ual position no fault can be attributed to the petitio petitioner. The delay has only accr trative y accrued due to the administrative action. The p The petitioner was given clean chit fi hority chit firstly by the revisional authority on 18.02.201 2.2014, thereafter on 05.08.2014, the d and 4, the committee was constituted and concluded th ded that the petitioner is not at fault, easing fault, as such, the delay in releasing the retiral du iral dues would entail interest of 6% p gment f 6% per annum in terms of judgment rendered by a ed by a Full Bench of this Court in A. A.S. Randhawa (supra). 6. In the view of the above, the pre with he present petition is disposed of with a direction to tion to the respondent(s)/competent a est on etent authority to pay the interest on delayed amou d amount towards retiral benefits to be of to be calculated after two months of his retiremen rement till the date of release of his r % f his retiral benefits at the rate of 6% p.a in terms terms of the judgments A.S. Randha iod of ndhawa (supra) within a period of three months onths from the date of receiving the ce the certified copy of this order. PUNEET CHAWLA 2025.09.16 14:31 I attest to the accuracy and integrity of this document CWP-8640- -2024 4 7. Pending miscellaneous applicat stands plication(s), if any, shall also stands ed of. disposed of. RAR) (HARPREET SINGH BRAR) JUDGE September 1 P.C ber 11, 2025 Whether speaking/reasone Whether Reportable. : easoned. : Yes/No Yes/No PUNEET CHAWLA 2025.09.16 14:31 I attest to the accuracy and integrity of this document