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2020 Supreme(P&H) 1183

TEJINDER SINGH DHINDSA
Amrik Singh Virdi – Appellant
Versus
Punjab State Power Corporation Limited – Respondent


Advocates Appeared:
Mr.Vikas Kuthiala, Advocate, for the Appellant Mr. Mukul Aggarwal, Advocate for the Respondents.

JUDGMENT

Tejinder Singh Dhindsa J. - Petitioner who was serving as Senior Executive Engineer under the Punjab State Power Corporation Limited, now stands retired w.e.f. 31.05.2019.

2. Petitioner raises a challenge in the instant petition to an order of penalty dated 27.11.2006 (Annexure P-4) whereby his two annual increments with cumulative effect were with-held as also recovery of Rs.69,535/- was imposed. The order of penalty stands affirmed by the Appellate Authority in terms of order dated 15.09.2011 (Annexure P-6). A writ of mandamus has also been sought for directing the respondent-Corporation to grant to the petitioner the deemed date of promotion on the post of Senior Executive Engineer w.e.f. 29.09.2004 i.e. the date when his juniors were promoted as opposed to 26.09.2006 when the petitioner was actually promoted to such post.

3. Counsel for the parties have been heard.

4. In the considered view of this Court the validity of the order of punishment dated 27.11.2006 at Annexure P-4 need not be examined on merits at this stage. Such view is being taken as the facts make out a case for remand to the Appellate Authority for a decision afresh.

5. Admittedly, the order of punishme

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