In a revision petition, the Delhi bench dismissed a challenge to the release of attached salary heads in execution proceedings against the State of Punjab, noting hardship and availability of other state properties.
The revision petition was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.1708 of 2016 Date of decision: 17.03.2016
Ram Kishan
......Petitioner
Versus
State of Punjab and another ......Respondents
CORAM:HON'BLE MR.JUSTICE DARSHAN SINGH
Present: Mr. RVS Chugh, Advocate for the petitioner.
Darshan Singh, J.
The present revision petition has been filed against the order dated 10.2.2016 passed by the learned Additional District Judge, Hoshiarpur whereby the Salary Head No.DDO Code 610 attached in the execution proceedings has been ordered to be released.
Learned counsel for the petitioner contended that the Judgment Debtors have not appeared in the execution proceedings. The learned Executing Court has attached the salary head in order to realize the decretal amount but later on vide impugned order without giving any notice to the petitioner, the Salary Head has been released. Thus, he contended that the impugned order is illegal.
I have duly considered the aforesaid contentions.
In the impugned order, the learned Additional District Judge,
Hoshiarpur has given the reference of the instructions issued by this Court to avoid attaching the heads of account through which the salaries are disbursed to the employees. The attaching of the salary head was not at all
PUSHPINDER SAINI 2016.03.28 12:59 I attest to the accuracy and integrity of this document
CR No.1708 of 2016
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justified as the JD in this case is the State of Punjab. There may be various other properties belonging to the State of Punjab available for attachment from which the decretal amount can be realized. The attachment of the salary head causes great hardship to the number of employees of the office concerned as they are not able to get the salary for the livelihood of their family members.
Thus, I do not find any illegality in the impugned order.
Consequently, the present revision petition being without any
merit is hereby dismissed.
March 17, 2016 (DARSHAN SINGH) ps JUDGE
PUSHPINDER SAINI 2016.03.28 12:59 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the release of salary attachment in execution proceedings against the State of Punjab is illegal.
Ram Kishan
State of Punjab
Darshan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
