Petitioner challenged withholding of pensionary benefits without a charge-sheet. Court held no vested right was agitated. Petition dismissed as withdrawn with liberty to file representation.
Withdrawal of writ petition allowed with liberty to file representation to respondents.
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CWP-21525-2019
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-21525-2019 Date of decision: - 16.08.2019
Surinder Kumar Bansal
....Petitioner
Versus
State of Haryana and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present:Mr. Peeush Gagneja, Advocate for the petitioner.
HARSIMRAN SINGH SETHI, J. (ORAL)
Counsel for the petitioner argues that no charge-sheet has been issued to the petitioner and only a fact finding enquiry was conducted by the respondents and on the basis of said fact finding enquiry, pensionary benefits of the petitioner have been withheld, which is impermissible in law. Counsel further argues that as there is no chargesheet, it cannot be said that any proceedings are pending against the petitioner, which would entitle the respondents to withhold the pensionary benefits.
Counsel for the petitioner very fairly states that no representation has been submitted by the petitioner to the respondents in this regard before approaching this Court.
A mandamus can only be issued in case, there is a vested
NARESH KUMAR 2019.08.20 11:59 I attest to the accuracy and integrity of this document Chandigarh
CWP-21525-2019
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right of an employee and the same has been agitated. There is no agitation of any right by the petitioner with the respondents for the release of his pensionary benefits.
Faced with this situation, counsel for the petitioner prays that he may be allowed to withdraw the present writ petition with a liberty to the petitioner to approach the respondents by filing an appropriate representation for the grant of relief, as being claimed in the present writ petition.
Dismissed as withdrawn, with the liberty, as prayed for.
( HARSIMRAN SINGH SETHI ) August 16, 2019 JUDGE naresh.k Whether reasoned/speaking? Yes Whether reportable? No
NARESH KUMAR 2019.08.20 11:59 I attest to the accuracy and integrity of this document Chandigarh
Surinder Kumar Bansal
State of Haryana
HARSIMRAN SINGH SETHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
