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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Kanwaljit Singh – Appellant
Versus
Shiromani Gurudwara Parbhandhak Committee – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. This common judgment shall dispose of all the above-mentioned writ petitions as they arise from a similar factual matrix. However, for the sake of brevity, the facts are taken from CWP-1301-2022.
2. The present petition is preferred under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing of speaking order dated 15.11.2021 (Annexure P-6). A further prayer is made for the issuance of a writ in the nature of mandamus directing the respondent to release the retiral benefits accrued to the petitioner, including leave encashment, gratuity, provident fund, w.e.f. the date of his superannuation i.e. 31.05.2020, with an interest at the rate of 18% p.a.
FACTUAL BACKGROUND
3. The petitioner was appointed as a Sewadar with respondent- SGPC on 22.09.1982. During his service, the petitioner was promoted to the post of Clerk and thereafter Assistant. He ultimately retired from service on 31.05.2020 as Assistant/Supervisor. Allegedly, prior to retirement of the petitioner, in order to ensure smooth transition the record of the Holy Saroops of Shri Guru Granth Sahib in the publication department of resp
The SGPC's Service Rules are statutory, making writ petitions against it maintainable; benefits can be withheld pending inquiry only if procedural compliance ensures no prejudice occurs.
Point of Law : Service Law - Punishment of Compulsory Retirement - Illegal gratification - An order passed imposing a punishment on an employee consequent upon a disciplinary/departmental enquiry in ....
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