State of Hary f Haryana and others SUS v. itioner
Case Details
CWP-27133 133-2023 and connected matters 1 IN THE HIGH COURT OF PUNJAB IN TH AT CHANDIGA NJAB AND HARYANA DIGARH 220(5 cases) cases) .2025 Date of decision:08.12.2025 1. 2023 CWP-27133-2023 Deepak Kum Kumar Dwivedi and another SUS VERSUS .....Petitioner ioners State of Hary f Haryana and another 2. Ram Jagdish Ram State of Hary f Haryana and others SUS VERSUS .....Responden ondents 2020 CWP-11634-2020 itioner .....Petitioner .....Responden ondents 3. 2023 CWP-26918-2023 Banwari Lal ri Lal and others State of Hary f Haryana and others SUS VERSUS .....Petitioner ioners .....Responden ondents PUNEET CHAWLA 2025.12.18 16:26 I attest to the accuracy and integrity of this document CWP-27133 133-2023 and connected matters 2 4. Shyam Mohan Shyam CWP-26923-2023 State of Hary f Haryana and others SUS VERSUS itioner .....Petitioner .....Responden ondents 5. CWP-5117-2024 Karamvir Sin vir Singh and others State of Hary f Haryana and others SUS VERSUS .....Petitioner ioners .....Responden ondents CORAM:
Legal Reasoning
HON'BLE MR. JUSTICE HA E HARPREET SINGH BRAR Present : Mr. S.K. Verma, Advocate for th for the petitioner(s). Mr. Piyush Khanna, Addl. AG H AG Haryana. Mr. Vivek Saini, Advocate with respondent No.2-HSWC in CWP for e with Mr. Arnav Goel, Advocate for n CWP-26918-2023. Ms. Mansi, Advocate for Mr. P for respondents No.2 and 3 in CW ocate Mr. Padam Kant Dwivedi, Advocate 3 in CWP-5117-2024-HSWC. Mr. Piyush Bansal, Advocate f CWP-26923-2023. 2 in cate for respondents No.1 and 2 in Ms. Nikita Goel, Advocate for re 2023. 7133- for respondent No.2 in CWP-27133 PUNEET CHAWLA 2025.12.18 16:26 I attest to the accuracy and integrity of this document CWP-27133 133-2023 and connected matters 3 HARPREET REET SINGH BRAR, J. (Oral) 1. This order shall dispose of the titions f the above-mentioned writ petitions as they arise arise from a similar factual matrix. H revity, trix. However, for the sake of brevity, the facts are t ts are taken from CWP-27133-2023. . 2. The petitioners have approached resent oached this Court by filing the present writ petition etition under Articles 226/227 of the eking of the Constitution of India seeking issuance of a e of a writ in the nature of Certiorari
Decision
order rari for quashing the recovery order dated 03.08.2 03.08.2021 (Annexure P-3) passed by eby a sed by respondent No. 2, whereby a recovery of R ry of Rs. 15,55,173/- has been impos n the imposed upon the petitioners on the pretext of le of less than the required assured g ioners ured gain in wheat. The petitioners further challe challenge the deduction/withholding ratuity lding of retiral benefits (i.e., gratuity and leave enc ve encashment) of petitioner No. 2. A made o. 2. A further prayer has been made for the issu e issuance of a writ in the nature g the nature of Mandamus directing the respondents dents to release all retiral benefi leave benefits, including gratuity, leave encashment, ment, commuted pension, and full o. 2. full pension of petitioner No. 2. Additionally, onally, the petitioners seek a writ bition writ in the nature of prohibition restraining re ing respondent No. 2 from issu s and m issuing illegal charge sheets and effecting rec g recovery from their salary/pension isture ension without considering moisture contents at th ts at the time of receipt and issue of wh of wheat stocks. 3. Briefly, the facts of the case rs are e case are that the petitioners are employees o ees of the Haryana State Warehou inafter arehousing Corporation (hereinafter ‘HSWC’). Pe ’). Petitioner No. 1 is working as a ), and g as a Technical Assistant (TA), and PUNEET CHAWLA 2025.12.18 16:26 I attest to the accuracy and integrity of this document CWP-27133 133-2023 and connected matters 4 Petitioner No ner No. 2 was working as a Godow ed on odown Keeper (GK) and retired on 30.06.2020 u 020 upon attaining the age of sup t- of superannuation. The respondent Corporation i ation issued a charge sheet dated 23.0 gainst d 23.02.2021 (Annexure P-1) against the petitioner itioners under Rule 7 of the Haryana ent & aryana Civil Services (Punishment & Appeal) Rule l) Rules, 2016, proposing recovery of l tering ry of loss on the pretext of registering less than the an the required assured gain in wheat iled a wheat stocks. The petitioners filed a reply to the to the charge sheet on 03.03.2021 fically .2021 (Annexure P-2), specifically submitting th ting that the less assured gain was du ot due as due to natural causes and not due to negligenc ligence, yet respondent No. 2 pass ated passed the impugned order dated 03.08.2021 (A 021 (Annexure P-3) imposing the reco he recovery of Rs. 15,55,173/- CONTENTI ENTIONS 4. Learned counsel for the petition at the etitioners inter alia contended that the impugned rec ned recovery order and charge sheet ar ntrary heet are illegal, arbitrary, and contrary to the provisi rovisions of Sections 15 and 17 of the 1957, of the Punjab Warehouses Act, 1957, and Rule 28 o le 28 of the Punjab Warehouses Rules under Rules, 1958. It was argued that under Section 15 of 15 of the Act, loss of weight by shri ion of by shrinkage or gain by absorption of moisture is d re is deemed to amount to deterioratio cribed rioration only if it exceeds prescribed limits. Sectio Section 17 explicitly states that th ot be hat the warehouseman shall not be responsible f sible for loss of weight by dryage or ht by ge or shrinkage or gain in weight by absorption of tion of moisture within prescribed limi d limits. 5. Learned counsel further submit ion of ubmitted that the Food Corporation of India (FCI), FCI), with the help of the Indian Co search ian Council of Agricultural Research PUNEET CHAWLA 2025.12.18 16:26 I attest to the accuracy and integrity of this document CWP-27133 133-2023 and connected matters 5 (ICAR), cons ), constituted a team of experts to st expert s to study storage losses. The expert report conclu concluded that losses or gains duri nantly s during storage are predominantly influenced b ced by the initial stacking moistur eriod. oisture content and storage period. Storage of c e of commodities below the equilibr gain, quilibration moisture results in gain, while storage storage above it results in loss. There es for . Therefore, punishing employees for not achievin hieving “assured gain” without co ent is ut considering moisture content is scientifically fically flawed and arbitrary. 6. It was further contended that t ndard that the FCI has framed a Standard Operating P ing Procedure (‘SOP’) and issued .2022 issued a letter dated 16.03.2022 (Annexure P ure P-7) to the Director, Food an tment, od and Civil Supplies Department, Haryana, an a, and Managing Directors of H r the of HAFED/HSWC/HAIC for the implementati entation of new norms of storage gai CAR. ge gain/loss recommended by ICAR. In this SOP, SOP, recording of moisture content at sue is tent at the time of receipt and issue is ensured. Lett d. Letter dated 28.03.2022 (Annexure P ndent- re P-8) written by the Respondent Corporation ation to its District Managers in th ed as in this regard is also annexed as Annexure P ure P-8. The respondent-Corporation, ugned ration, however, issued the impugned charge sheets sheets in violation of their own instruc ting a instructions and without conducting a proper regul regular enquiry or providing an op ereby an opportunity of hearing, thereby violating the g the principles of natural justice. 7. Learned counsel for the petitio ase is petitioners submitted that the case is squarely cov ly covered by the judgment of this Co titled this Court in CWP-27725-2013 titled PUNEET CHAWLA 2025.12.18 16:26 I attest to the accuracy and integrity of this document CWP-27133 133-2023 and connected matters 6 ‘Punjab Sta State Warehousing Corporation vs. tion Field Employees Union vs. Union of Ind f India and others’, decided on 14.05 n 14.05.2025. 8. Per Contra, learned counsel fo mitted nsel for respondent No. 2 submitted that the respo e respondent-Corporation is a procuri l Pool rocuring agency for the Central Pool and is bound bound to follow the norms fixed by /State ed by the Government of India/State Government ment and the FCI. It was argued unjab rgued that Rule 28 of the Punjab Warehouses ouses Rules, 1958, was amended b vide ded by the State of Haryana vide notification d ation dated 10.04.2018 to specifically seman ically provide that the warehouseman shall deliver deliver gain in wheat in accordanc y the ordance with norms fixed by the State/Central entral Government. 9. With regards to the implementat 7, mentation of the SOP (Annexure P-7, P-8), learned earned counsel for respondent No. 2 e is a No. 2 submitted that the same is a matter of rec of record. However, the SOP has be stocks has been implemented for the stocks procured dur ed during the Rabi Marketing Season in the Season 2022-23, which started in the month of Ap of April-2022, whereas the chargeshe Rabi rgesheet in question pertains to Rabi Marketing Se ting Season 2019-20. Therefore, it wa norms , it was submitted that the new norms are not applic applicable to the charge-sheet issued t ssued to the petitioners. OBSERVAT RVATION & ANALYSIS 10. Having heard the learned couns rusing counsel for the parties and perusing the record w ord with their able assistance, it trans ved in t transpires that the issue involved in the present ca sent case is no longer res integra and by the and stands squarely covered by the PUNEET CHAWLA 2025.12.18 16:26 I attest to the accuracy and integrity of this document CWP-27133 133-2023 and connected matters 7 judgment of a nt of a Coordinate Bench of this Cour sing s Court in Punjab State Warehousing Corporation tion Field Employees Union v. U 725- v. Union of India (CWP-27725 2013), decide decided on 14.05.2025. In the aforesa served foresaid case, this Court has observed as follows: “4. Ult consul experts referre the sa food g dated petition throug commi based of stor been s and th 22.10.2 respec season Ultimately, the issue was sought nsultation with the various Food perts from Indian Council for Agr ferred to as ‘ICAR’) was sought for e said experts qua the aspect as to od grains was to be decided, polic ted 22.10.2021 and 30.05.2022 a tition at page No.251 & 269 res rough policy dated 22.10.2021 mmittee for fixing norms for storag sed on recommendation ICAR-CIP storage loss/gain along with the c en stipulated which policy has com d through letter dated letter dated .10.2021 has been directed to be spect to CAP storage of wheat wit ason 2023-2024. te in ght to be resolved by the State in the ood Agencies. The reports of the Agriculture Research (hereinafter after rom t for. After getting the reports from as to how the weight gain/loss in s in policies/standard operating process cess writ 22 attached with the main writ respectively were issued thereby reby pert 021 recommendation of expert rice torage loss/gain on wheat and rice CIPHET formula for calculation tion has the correct procedure to do so has 021 come into effect from 01.11.2021 dated 30.05.2022, the policy dated ated with o be applied to all agencies with ting t with effect from Rabi marketing xx xx x xx xx 12. Th whethe letter Govern Food A whethe agenci on the on the n is fore this Court for determination is . The question which is put before ating process dated 22.10.2021 and and hether the policy/standard operating tate have been framed by the State tter dated 30.05.2022, which hav ious experts and by associating various overnment on the advice of the expe applicable prospectively or not and and ood Agencies, are to be made appli the between the employees and the hether any dispute pending betw gencies on the issue of weight gain gain encies or between the Food Agenc ided the date of issue of the said policie licies, the same needs to be decided r not. the basis of the said policies or not 13. Th scienti the asp . The issue has to be understood ientific reasons have been given wh e aspect as to how the food grains a stood while keeping in mind that that qua n while forming the said policy qua rms ins are to be stored and what norms PUNEET CHAWLA 2025.12.18 16:26 I attest to the accuracy and integrity of this document CWP-27133 133-2023 and connected matters 8 are to when t been d the exp and let Once, been made t on all Food when t cannot was p wherea policie grains policy/ 30.05.2 e to be made applicable to assess t en the food grain is lifted. The said en dealt with by the experts of ICA e experts, the policy/standard opera d letter 30.05.2022 have been frame nce, the said issue has been scienti issued on the basis of the sai ade to the Government, the said po all the pending issues existing eith ood agencies or inter se between t hen the policies have been issued b nnot be said that the issues which as published are to be dealt with hereas, the same issues which arose licies which also concerns the weig ains is to be dealt by keeping licy/standard operating process dat .05.2022. time ess the weight gain/loss at the time said issue is a scientific one and has has ICAR. On the recommendation of n of 021 operating process dated 22.10.2021 ramed by the Government of India. dia. has ientifically decided and policy has ions e said scientific recommendations id policy has to be made applicable able and either between the employees and date een the food agencies on the dat ed by the Government of India. It a. It olicy hich were pending when the policy with according to the old policy olicy new arose after the forming of said new food weight gain/loss while storing food ing in mind the newly formed med ated s dated 22.10.2021 and letter dated xx xx x xx xx 15. Fu Govern cause employ 21.10.2 differe discha qua th dealt i prejud needs cut off Further, in case the policy da overnment of India is only made a use discrimination between the sim ployee, who was the incharge of th .10.2021 under the similar circu fferent manner whereas, the sam scharging the same duties facing a a the same food grain stored but alt in a different manner such a s ejudice between the similarly situa eds to be removed as there is no sc t off date to treat the policy dated 21 dated 22.10.2021 issued by the the will de applicable prospectively, it will e similarly situated employees. An . An of the storing the food grain up to p to in a circumstances will be dealt in a same employee or the employee oyee facts ng allegations on the similar facts ll be but lifted after 21.10.2021 will be a scenario which will only cause ause situated employees. The prejudice dice said no scientific basis to adopt the said d 21.10.2021 prospectively. 16. Th to be d stored, even a by the grains . The nexus sought to be achieved b be determine the weight gain/loss red, which aspect remains the sam en after issuance of policy dated 22. the policy to address the issue o ains stored and taking two different ed by the policy dated 22.10.2021 is 1 is loss of the food grains while being eing and same even prior to 21.10.2021 and 22.10.2021. By using the norms set s set ue of weight gain/loss of the food food e by erent decision on the same issue by PUNEET CHAWLA 2025.12.18 16:26 I attest to the accuracy and integrity of this document CWP-27133 133-2023 and connected matters 9 adopti and wi opting the said policy prospectivel d will be discriminatory and cannot egal tively will be arbitrary and illegal nnot be sustained. xx xx x xx xx faced various 19. It allegat sheets/ basis o letter d the exp the sto and pu betwee variou upon t been a weight or any has sti betwee such e pendin the all decide It is directed that any dispute employe for which legations eets/punishment on the said issue sis of the policy/standard operating tter dated 30.05.2022, which has be e experts on the issue of the weight e storage. The said policy will be d purposes on the issue which are tween food agency i.e. Food Corpor rious Food Agencies of the Gove on the claim being raised by the en alleged to have misconducted th eight gain/loss in the food grains du any punishment, which may have b s still not attained finality. The non tween the parties means also the pe ch employees before this Court, w nding disputes so as to give jurisdict e allegations alleged against them cided in view of the policy dated 22. ute pending consideration on the the arge charge ployee ssue are also to be decided on the the ating process dated 22.10.2021 and and ts by as been framed after due inputs by ight gain by the food grains during ring tent l be made applicable for all intent r se are pending consideration inter se rporation of India as well as by the the ll as Government of Punjab as well as the employees wherein they have have d themselves qua the aspect of the f the ored ns during the time they were stored ave been imposed upon them which hich ssue non-attaining of finality of the issue s by e pendency of the writ petitions by rt, which will also be treated as as cide sdiction to such employees to decide be hem of punishment imposed to be 22.10.2021.” 11. Thus, the Coordinate Bench g the Bench has held that limiting the plied) (Emphasis supplied) application o tion of the policy dated 22.10.2021 p itrary 021 prospectively would be arbitrary and discrimin scriminatory, as the scientific nature o ns the ature of weight gain/loss remains the same even pr ven prior to the issuance of the policy rected policy. Consequently, it was directed that any pen y pending dispute or allegation regar ortage regarding weight gain/loss/shortage must be decid e decided on the basis of the Policy da icy dated 22.10.2021. PUNEET CHAWLA 2025.12.18 16:26 I attest to the accuracy and integrity of this document CWP-27133 133-2023 and connected matters 10 12. In the case at hand, pursuant y the rsuant to the policy issued by the Government ment of India dated 22.10.2021, adm ed the 1, admittedly, the FCI has framed the Standard Ope rd Operating Procedure and has issued 022 to issued the letter dated 16.03.2022 to the Director, ector, Food and Civil Supplies Depart ryana, Department, Government of Haryana, and the Managing Directors of HA the M f HAFED/HSWC/HAIC for the the implementati entation of new norms of storage g ice in rage gain/loss of wheat and rice in covered godo d godowns as recommended by ICAR. ed on ICAR. The petitioners have placed on record the l the letter dated 16.03.2022 (Annex quent (Annexure P-7) and the subsequent communicati nication by HSWC dated 28.03.202 ucting .03.2022 (Annexure P-8) instructing District Mana t Managers to ensure compliance with e with these new norms. 13. Furthermore, in Avinash Goyal plies oyal v. Punjab State Civil Supplies Corporation tion Limited (CWP-24000-2025), d a Co- ), decided on 25.08.2025, a Co ordinate Benc e Bench of this Court, while relying o tate ying on the judgment in Punjab State Warehousing using Corporation Field Employees where yees Union (supra), held that where employees ha ees have raised objections relying on 21, no ng on the Policy dated 22.10.2021, no coercive step e steps shall be taken until a fresh Court fresh decision is taken. The Court directed the d the Appellate Authority to recons tutory reconsider and decide the statutory appeals strict s strictly in accordance with law and dated w and in light of the judgment dated 025. 14.05.2025. CONCLUSI LUSION 14. In view of the foregoing discuss ion(s) discussion, the present writ petition(s) are disposed posed of. The respondents are directe of the directed to reconsider the case of the PUNEET CHAWLA 2025.12.18 16:26 I attest to the accuracy and integrity of this document CWP-27133 133-2023 and connected matters 11 petitioners in ers in the light of the judgment ren njab nt rendered by this Court in Punjab State Wareho arehousing Corporation Field Empl ell as mployees Union (supra), as well as the Policy da licy dated 22.10.2021 read with the dated h the letter issued by the FCI dated 16.03.2022 ( 022 (Annexure P-7) and the comm dated communication of the HSWC dated 28.03.2022 (A 022 (Annexure P-8). A reasoned and assed d and speaking order shall be passed within a per a period of eight weeks from the date py of e date of receipt of a certified copy of this order. T der. Till such fresh decision is take all be is taken, no coercive steps shall be initiated agai d against the petitioners. Thereafter, t all be after, the concerned authority shall be at liberty to p law ty to proceed in accordance with law 15. Pending miscellaneous applica stand pplications, if any, shall also stand ed of. disposed of. 16. Registry is directed to place a n the ace a photocopy of this order on the paper-books ooks of the connected matters. RAR) (HARPREET SINGH BRAR) JUDGE December 08 P.C ber 08, 2025 Whether speaking/r Whether Reportable king/reasoned. : Yes/No Yes/No ortable. : PUNEET CHAWLA 2025.12.18 16:26 I attest to the accuracy and integrity of this document