IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2973 of 2011 Date of decision: 5.5.2011 Nachhattar Singh … Petitioner versus Pb.State Civil Supplies Corp.Ltd. and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. V. K.Shukla, Advocate, for the petitioner ... ARVIND KUMAR, J: In this revision petition, challenge has been laid to order dated 14.2.2011 whereby application filed by defendant No.1 for rejection of the plaint has been dismissed. The present petitioner is defendant No.1-employee in the suit for recovery of Rs.1,47,39,550/- titled Punjab State Civil Supplies Corporation Limited and another v. Nachhattar Singh etc. The present petitioner Nachhattar Singh moved an application under Order 7 rule 11-D, Code of Civil Procedure, for rejecting the plaint on the basis of judgment rendered by the Hon'ble Supreme Court in Punjab State Civil Supplies Corporation v. Sikander Singh, AIR 2006 SC 1438, holding that a loss caused due to negligence of an employee in performance of duty can be recovered in disciplinary proceedings and cannot give rise to cause of action for suit for recovery of money for the loss caused. The trial Court dismissed the application on the basis of the judgment rendered by this Court in Shakti Kumar v. Punsup, 2009(5) RCR(Civil) 817, saying that the judgment in Sikander Singh's case(supra) is not applicable to the facts of the present case. Hence, the present revision petition. Heard. Counsel for the petitioner in all fairness contends that the judgment in Shakti Singh's case(supra) has been challenged in the Hon'ble Supreme Court in a Special Leave Petition on the basis of judgment in C.R. No. 2973 of 2011 -2- Sikander Singh's case(supra) and the said SLP is pending but it has been ordered that in the meantime, the suit may proceed but no final decree is to be passed therein and thus, the counsel further contends that similar order be passed in this case as well and the revision petition be disposed of accordingly. It is so ordered. In the present case, the proceedings in the suit may continue but final judgment be not passed till the controversy is settled by the Hon'ble Supreme Court. The revision petition stands disposed of accordingly. May 05, 2011 ( ARVIND KUMAR ) JS JUDGE