IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-5099-2026 (O&M)

Date of decision: 19.02.2026 Sukhchain Singh and another ....Petitioners Versus Punjab State Civil Supplies Corporation Limited (PUNSUP)

....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Ayushi, Advocate for Mr. Padamkant Dwivedi, Advocate for the petitioners.

Mr. Anil Sharma, 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 impugned instructions dated 26.10.2004 (Annexure P-1), whereby norms for realization of excess (storage gain) on account of wheat stocks stored in godowns/open plinths were fixed and for quashing the impugned charge-sheets dated 18.11.2024 (Annexures P-2 and P-3, respectively) and the punishment order dated 06.02.2026 (Annexure P-6) passed by the respondent, imposing the punishment of recovery of Rs.39,77,434/- from petitioner No.1 and Rs.15,97,664/- from petitioner No.2, in spite of staying the impugned instructions dated 26.10.2004 (Annexure P-1) vide order dated 08.12.2025 (Annexure P-5) passed by this Court in CWP-36679-

2025.

2. Learned counsel for the petitioners, inter alia, contends that charge-sheets dated 18.11.2024 (Annexures P-2 and P-3, respectively) were issued to the petitioners alleging a total loss of Rs.55,75,098/- on account of less storage gain of wheat for the year 2018-19. The said notices have been issued after an inordinate delay of more than five and a half 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-4) and the case of the petitioners 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 He further submits that the Instructions dated 26.10.2004 (Annexure P-1) stand superseded by subsequent Instructions dated 30.05.2022, however, the respondents are still relying upon the superseded instructions, rendering the impugned action of the respondent as arbitrary and unsustainable in law.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 petitioners 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 (Annexure P- 7) 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 petitioners 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 petitioners 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 charge-sheets dated 18.11.2024 (Annexures P-2 and P-3, respectively) and the punishment order dated 06.02.2026 (Annexure P-6) 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 petitioners 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

19.02.2026 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No