IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7221 of 1998 Date of decision : 29.03.2011 Surinder Kaur … Petitioner Versus State of Punjab and others …Respondents CORAM : HON’BLE MR.JUSTICE PERMOD KOHLI Present: None for the petitioner. Ms.Charu Tuli, Sr.DAG, Punjab. Permod Kohli, J. Petitioner is working as Library Restorer in the respondent- department. Though the petitioner has made certain allegations of harassment against respondent No.3. Primarily, the petitioner has challenged the order dated 28.1.1998 (Annexure P-2) whereby respondent No.3 has stopped the salary of the petitioner allegedly for non-compliance of the directions issued by him. The allegations are that the petitioner failed to mark attendance in the office of the principal. It is stated in the petition that petitioner has been marking the attendance in the register maintained for the employees at the appropriate place in the office. However, she has been forced to mark attendance separately in the office of the principal but she has refused to do so. From the impugned order, it appears that the action of the principal is totally arbitrary and un-warranted. If the petitioner has not complied with any legitimate direction of the principal, the principal is at liberty to initiate the disciplinary proceedings against the petitioner but by no stretch of imagination, the principal has got the licence to stop the salary for alleged insubordination. No reply has been filed on behalf of the respondents despite various opportunities including last opportunity. In view of the above, this petition is allowed and the impugned order dated 28.1.2008 is hereby set aside and respondents are directed to release the salary due to petitioner within a period of two months from the date a certified copy of this order is served upon the principal provided that salary has not been released earlier. However, if the principal is of the opinion that the petitioner is guilty of any service misconduct, the principal is at liberty to initiate disciplinary proceedings in accordance with law. ( Permod Kohli ) Judge 29.03.2011 sd