Petition dismissed as withdrawn by the petitioner, who concealed the fact of a civil suit filed by the respondent college for recovery of forfeited dues. Liberty granted to defend the civil suit.
Petitioner permitted to withdraw petition with liberty to defend the civil suit and file a counter-claim for release of dues.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P. No. 11408 of 2007
DATE OF DECISION : 04.08.2009
Lakhbir Singh
.... PETITIONER
Versus
State of Punjab and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. D.S. Gurna, Advocate, for the petitioner.
Mr. J.S. Puri, Addl. A.G., Punjab, for respondents No.1 to 3.
None for respondent No.4.
SATISH KUMAR MITTAL , J. ( Oral )
In the present case, the dispute is with regard to an amount of Rs. 64,731/-, which is equivalent to three months' salary of the petitioner. The petitioner, without giving three months notice in terms of his appointment letter and Service Rules, resigned from the services of S.M.D.R.S.D College, Pathankot – respondent No.4 (hereinafter referred to as `the respondent college') and joined the services of other college. The case of the petitioner is that since his request for resignation was accepted, therefore, he was not liable to pay the aforesaid amount. On the other hand,
CWP No. 11408 of 2007
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case of the respondent college is that without waiting for the acceptance of his resignation and without giving three months notice, the petitioner joined the services of other college. Therefore, on an audit objection being raised, the respondent college deposited the aforesaid amount in the Government Treasury, as its grant in aid was stopped by respondent No.2. After depositing the said amount, the respondent college filed a civil suit for recovery of Rs. 64,731/- against the petitioner in the Court of Addl. Civil Judge (Sr. Divn.), Pathankot, on 12.6.2007. Without putting appearance in the said civil suit, the petitioner filed the instant petition for issuing direction to the respondents to release his dues and Provident Fund.
In view of the aforesaid facts, keeping in view the fact that the petitioner has concealed the aforesaid fact of the civil suit filed by the respondent college against him, when this court is not inclined to entertain this petition, counsel for the petitioner states that the petitioner may be permitted to withdraw this petition with liberty to defend the said civil suit and to file a counter claim with regard to the release of his dues.
Dismissed as withdrawn with the aforesaid liberty.
( SATISH KUMAR MITTAL ) JUDGE
August 04, 2009 Monika/ndj
Lakhbir Singh
State of Punjab
S.M.D.R.S.D College, Pathankot
SATISH KUMAR MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
