IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-32198-2025 (O&M)

Date of decision: 31.10.2025 Girish Verma ....Petitioner Versus State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Sanjeev Kumar Arora, Advocate for the petitioner.

Mr. Vikas Sonak, AAG, Punjab.

Mr. Ajay Jain, Advocate (through video conferencing)

for respondent No.3.

HARPREET SINGH BRAR J. (Oral)

1. The petitioner has filed the instant writ petition under Articles 226/227 of the Constitution of India seeking issuance of an appropriate writ, order or direction, especially in the nature of mandamus, directing the respondents to pay/grant the subsistence allowance @ 50% for the first six months and thereafter the enhanced amount of subsistence allowance @ 75% under Rule 7.2 of the Punjab Civil Services Rules Volume-I, Part-I, along with interest @ 12% per annum from the date it became due till the date of actual payment, and further to reinstate the petitioner in service immediately.

2. Briefly stated, the facts of the case are that the petitioner was appointed as Executive Officer vide appointment order dated 16.04.1999 and he joined as such in Municipal Council, Garhdiwala, District Hoshiarpur on 19.04.1999 and he is scheduled to retire on 30.09.2026 upon attaining the age of superannuation. While working as Executive Officer, Nagar Panchayat, Bhikhiwind, the petitioner was implicated in a case bearing FIR No. 18 dated 12.10.2022 under Section 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act, 1988, registered at Police Station, Vigilance Bureau, Flying Squad-I, S.A.S. Nagar (Mohali). Subsequently, offences under Sections 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code were added and a challan in the criminal proceedings was presented on 09.12.2022, but till date, no charges have been framed against the petitioner. The petitioner was placed under suspension vide order dated 20.10.2022. in the meantime, he was granted regular bail by this Court vide order dated 02.06.2023 in CRM-M No. 60931 of 2022 titled as Girish Verma vs State of Punjab. No disciplinary proceedings have been initiated against the petitioner till date. On 12.07.2023, the petitioner submitted a representation to respondent No.2, with a copy to respondent No.1, requesting reinstatement in service to enable him to join duties. On 08.01.2024, he again represented to respondent No.1 seeking enhancement of subsistence allowance to 75% owing to the delay in disposal of the case which is not attributable to him. Another representation dated 10.09.2024 was submitted by him to respondent No.1 reiterating the request for reinstatement and release of subsistence allowance followed by numerous personal visits to the offices of respondents Nos.1 and 2. In response to these representations, an amount of Rs.7,46,828/- was paid towards subsistence allowance, comprising Rs.5,00,000/- on 08.07.2025 and Rs.2,46,828/- on 08.09.2025 by respondent No.3, however, the petitioner has not been reinstated in service despite the efflux of more than two years and ten months from the date of suspension, without any justification. On 22.09.2025, the petitioner served a legal notice upon the respondents through registered post, reiterating the demand for subsistence allowance @ 50% for the first six months and @ 75% thereafter, along with 12% interest and his immediate reinstatement but no action has been taken thereon.

3. Learned counsel for the petitioner, inter alia, contends that the suspension of the petitioner is ex facie illegal, arbitrary and punitive in nature. No disciplinary proceedings have been initiated against the petitioner despite the prolonged period of over two years and ten months and no charges have been framed against him in the criminal case even after presentation of challan. He further submits that continuing the suspension without starting an investigation or issuing formal charges violates the ruling of Hon’ble Supre