IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-32755-2025 (O&M)

Date of decision: 03.02.2026 Shiv Kumar ... Petitioner Vs.

Punjab State Power Corporation Ltd. and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Rajeev Dev Sharma, Advocate for the petitioner.

Mr. Harshjit Singh, Advocate for the respondents.

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HARPREET SINGH BRAR, J.

CM-1635-CWP-2026

1. This application has been filed under Section 151 of the Code of Civil Procedure, 1908 for placing on record the reply dated 17.12.2024 as Annexure P-15 and exemption from filing certified copy thereof.

2. In view of the averments made in the application, the same is allowed and the true translated copy of the reply dated 17.12.2024 submitted by the applicant-petitioner before the appellate authority, is taken on record as Annexure P-15 subject to all just exceptions. The exemption sought is granted.

3. 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 seeking modification of the order dated 21.01.2025 (Annexure P-13) by allowing the appeal dated 31.05.2019 (Annexure P-9) in toto and further, to issue a writ in the nature of mandamus directing the respondents to decide the appeal after granting adequate opportunity of hearing to the petitioner.

4. Learned counsel for the petitioner, inter alia, contends that the petitioner joined the respondent-Corporation on 15.04.1981 as Assistant Lineman and he retired from the post of Lineman on 31.05.2014, as discernible from the office order dated 14.05.2014 (Annexure P-2). During his service tenure, a punishment order dated 11.12.2013 (Annexure P-1) was passed against the petitioner whereby one annual increment was stopped along with recovery of salary for the period from 20.03.2008 to 23.03.2009. The petitioner had filed an appeal against order dated 11.12.2013 (Annexure P-1) but no order was passed or communicated to the petitioner in pursuance thereof. Vide order dated 21.12.2017 (Annexure P-4), passed in furtherance of the order passed by this Court on 21.08.2017 (Annexure P-3) in CWP-18534-2017, the petitioner was informed that the punishment order dated 11.12.2013 (Annexure P-1) has been amended twice vide orders dated 05.05.2016 and 19.07.2017 (Annexures P-5 & P-6, respectively).

5. The petitioner filed an appeal on 31.05.2019 (Annexure P-9)

against the said orders (Annexures P-5 and P-6) which was dismissed by the appellate authority vide non-speaking order dated 11.01.2021 (Annexure P-10), which was passed without affording an opportunity of hearing to him. Feeling aggrieved, the petitioner challenged the order dated 11.01.2021 (Annexure P- 10) by filing CWP-29787-2024. However, in view fact that the order dated 11.01.2021 (Annexure P-10) was ordered to be withdrawn by the department along with an undertaking that the matter shall be reconsidered, the said petition was disposed of vide order dated 06.11.2024 (Annexure P-12), with a direction to pass a fresh order. In purported compliance thereof, the respondents passed the impugned order on 22.01.2025 (Annexure P-13) whereby a one line conclusion has been drawn that reads as such-“Stop 3% cut from his pension with immediate effect.” Evidently, the impugned order (Annexure P-13) has been passed in a most cryptic and mechanical manner, which does not satisfy the objective standards of reason and justice. Moreover, the stipulated appellate authority in the case of the petitioner would be the Chief Engineer, however, the impugned order (Annexure P-13) has been passed by the Under Secretary/Estab from the Office of the Chief Engineer/OP (Border zone), Amritsar, which renders it infructuous. Learned counsel also submits that the petitioner had also served a legal notice dated 25.08.2025 (Annexure P-14) upon the respondents, requesting a decision on the appeal filed by him, after following the dues process which includes giving him an opportunity