121 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 03.02.2026 Manjeet Singh Sandhu and another ....Petitioners Versus Punjab State Civil Supplies Corporation Limited (PUNSUP) ...Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Padamkant Dwivedi, Advocate for the petitioner.

Ms. Archana Chauhan, Advocate for Ms. Aditi Sharma, Advocate for the respondent.

HARPREET SINGH BRAR, J. (ORAL)

1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned instructions dated 26.10.2004 (Annexure P-1), show cause notices dated 06.11.2024 (Annexures P-2 & P-3) as well as impugned punishment order dated 20.01.2026 (Annexure P-4).

2. Learned counsel for the petitioner inter alia contends that show cause notices dated 06.11.2024 (Annexures P-2 & P-3) were issued to the petitioner alleging a loss of Rs.26,63,473/- on account of less storage gain of wheat for the year 2021-22 and is purportedly based upon instructions dated 26.10.2004 (Annexure P-1), which prescribe arbitrary norms for storage gain without any scientific basis. The issue of storage gain has already been conclusively examined by this Court in CWP-27725-2013, titled as Punjab India and others, decided on 14.05.2025 (Annexure P-5), and the case of the petitioner is squarely covered by the ratio laid down therein. It is further submitted that the instructions dated 26.10.2004 (Annexure P-1) stand superseded by subsequent instructions dated 30.05.2022; however, the respondent is still relying upon the superseded instructions, rendering the impugned action arbitrary and unsustainable.

3. Learned counsel further relies upon the order passed by this Court in CWP-37599-2025 and connected matters, titled as Sachin Kumar and others Versus Punjab State Civil Supplies Corporation Limited (PUNSUP) decided on 22.12.2025 (Anneuxre P-7) in which charge sheets were quashed and set aside and the respondent therein was granted liberty to issue fresh charge sheet in terms of Punjab State Warehousing Corporation Field Employees Union’s case (supra)

4. On the other hand, learned counsel for the respondent could not controvert the fact that the entire disciplinary proceedings issued against the petitioner are based upon the instructions dated 26.10.2004 regarding storage which fix arbitrary norms for storage gain without any scientific basis and also could not controvert the judgment relied upon by the petitioner in Punjab State Warehousing Corporation (supra).

5. In view of the above, without commenting upon the merits of the case, the present petition is allowed. The impugned instructions dated 26.10.2004 (Annexure P-1), show cause notices dated 06.11.2024 (Annexures P-2 & P-3) as well as impugned punishment order dated 20.01.2026 (Annexure P-4), are hereby quashed and set aside. However, the respondent would be at liberty to issue a fresh show cause notice/charge sheet in terms of Punjab State 6. Pending miscellaneous application(s), if any, shall also stands disposed of.

(HARPREET SINGH BRAR)

JUDGE

03.02.2026 Neha