HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7316 of 2010 (O&M) Date of Decision: 14.03.2011 **** Om Parkash & Anr. . . . . Petitioners VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Saurabh Garg, Advocate for the petitioners Ms. Sudeepti Sharma, DAG Punjab Mr. Ashish Yadav, Advocate for respondents No.4&5 ***** SURYA KANT J. (ORAL) (1). The petitioners are working as Octroi Clerks in the Municipal Council, Hoshiarpur. Since their annual increments, from the year 2005 onwards, have been withheld they have approached this Court for the release thereof. Petitioner No.1 also seeks additional relief to pay Risk Allowance for the period during which he worked as Fireman. (2). Respondents No.4&5 have filed their reply/affidavit explaining that in a departmental enquiry the petitioners as well as some other employees were alleged to have committed embezzlement of Municipal funds and in CWP No.7316 of 2010.doc - 2 – relation thereto, the enquiry report dated 24.11.2005 was submitted by the Additional Deputy Commissioner. (3). It is stated that the action under the Punishment and Appeal Rules is liable to be taken against the petitioners for which the matter is pending consideration before the Director, Local Government, Punjab. (4). Having heard learned counsel for the parties, I am of the considered view that the departmental action, if any, pending against the petitioners need to be expedited and concluded in a time-bound manner. (5). The respondents cannot punish the petitioners by stopping their increments even when no such punishment has been formally imposed on them. (6). The writ petition is accordingly disposed of with a direction to respondents No.2 to 5 to conclude the disciplinary proceedings, if any, pending against the petitioners within a period of three months. However, without prejudice to the action to be taken pursuant to the disciplinary action, it is directed that the petitioner’s claim regarding release of payment of annual increment (s) and risk allowance be considered and disposed of within two months after the enquiry is held and whatever found due shall be released to them within the stipulated period. (7). Ordered accordingly. Dasti. CWP No.7316 of 2010.doc - 3 – 14.03.2011 vishal shonkar (S u r y a K a n t) Judge