IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3087-2026 (O&M)

Date of decision: 03.02.2026 Pukhraj Singla 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 with Ms. Ayushi, Advocate for the petitioner.

Mr. Satish Singla, Advocate for the respondent.

HARPREET SINGH BRAR J. (Oral)

1. 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 seeking quashing of the instructions dated 26.10.2004 (Annexure P-1), whereby norms for realization of excess (storage gain) due to moisture content on account of wheat stocks stores in godowns/open plinths were fixed and for quashing the impugned show- cause notices dated 02.04.2024 (Annexures P-2 and P-3, respectively) and the punishment order dated 20.01.2026 (Annexure P-4) passed by the respondent, imposing the punishment of recovery of Rs.7,93,681/- from the petitioner, in view of the judgment dated 14.05.2025 (Annexure P-5) passed by this Court in CWP-27725-2013.

2. Learned counsel for the petitioner, inter alia, contends that a show cause notices dated 02.04.2024 (Annexures P-2 and P-3, respectively) were issued to the petitioner alleging a loss of Rs.7,93,681/- on account of less storage gain of wheat for the year 2020-21. The said notices have been issued after an inordinate delay of more than five years and are 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 State Warehousing Corporation Field Employees Union vs Union of India and others, decided on 14.05.2025 (Annexure P-5), and the case of the petitioner is squarely covered by the ratio of law laid down therein. He further submits that the Instructions dated 26.10.2004 (Annexure P-1) stand superseded by subsequent Instructions dated 30.05.2022, however, the respondents are still relying upon the superseded instructions, rendering the impugned action of the respondent as arbitrary and unsustainable in law.

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

4. Per contra, learned counsel for the respondent could not controvert the fact that the entire disciplinary proceedings initiated 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 Field Employees Union’s case (supra).

5. In view of the above, without commenting upon the merits of the case, the present petition is allowed and the show-cause notices dated 02.04.2024 (Annexures P-2 and P-3, respectively) and the punishment order dated 20.01.2026 (Annexure P-4) passed by the respondent, are hereby quashed and set-aside. However, the respondent would be at liberty to issue a fresh show-cause notice/charge-sheet against the petitioner in terms of Punjab State Warehousing Corporation Field Employees Union’s case (supra)

6. Pending miscellaneous application(s), if any, shall also stands disposed of.

(HARPREET SINGH BRAR)

JUDGE

03.02.2026 yakub