IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.944 of 2009(O&M) Date of decision: 26.10.2009 Prem Singh. -----Appellant Vs. Dakshin Haryana Bijli Vitran Nigam Ltd. and others -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Jagbir Malik, Advocate for the appellant. Mr. Narender Hooda, Advocate for respondent No.4. --- ORDER: 1. On 23.9.2009, following order was passed:- “Reliance has been placed on order of this Court dated 7.8.2008 in C.W.P. No.1714 of 2008 Baljeet Singh v. UHBVNL and others. It is stated that no inquiry was held before making recovery from the provident fund of the appellant. Notice of motion to respondent No.4 for 26.10.2009. Dasti also. The appellant will be at liberty to serve the Standing Counsel, if any.” LPA No.944 of 2009 2. Learned counsel for the contesting respondent states that even though on merits the matter is covered in favour of the appellant, there is delay of five years on the part of the appellant in approaching the Court. 3. Since the matter is covered in favour of the appellant by order of this Court in Baljeet Singh (supra), having regard to nature of claim i.e. against deduction from terminal benefits without inquiry, delay itself cannot be held to be a bar against admitted illegal action of the contesting respondent. 4. Accordingly, this appeal is allowed and proceedings against the appellant are quashed without prejudice to any fresh proceedings being taken, in accordance with law. (ADARSH KUMAR GOEL) JUDGE October 26, 2009 ( GURDEV SINGH ) ashwani JUDGE 2