IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.11247 of 2009
Date of Decision: 29.07.2009
Karnail Singh
Petitioner
Versus
State of Punjab and others
Respondents
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mr.Mandeep K.Saajan, Advocate for the petitioner
.....
Jasbir Singh, J.(Oral)
Petitioner raised a loan of Rs.3.91 lacs to purchase a truck in
the year 1992. He failed to make payment. The respondent-Corporation
started charging penal interest.
It is contention of counsel for the petitioner that he has paid the
entire principal amount and some portion of the interest component also.
By making reference to Policy decision Annexure P4 taken by the
Government of Punjab, counsel submits that the Corporation is bound to
give him benefit of waiver of interest and penal interest, as provided in
above said Policy decision dated 18.8.2004, being an ex-serviceman. It is
grievance of the petitioner that the respondents are not supplying him ‘no
objection certificate’ regarding clearance of the loan amount.
After hearing counsel for the petitioner, this writ petition is
disposed of by issuing directions to the Managing Director of respondent
No.3 to treat this writ petition as a representation and decide the same by
Civil Writ Petition No.11247 of 2009 2
taking note of the provisions of Policy statement dated 18.8.2004 (P4). If
the petitioner is entitled to get benefit under that Policy, the same shall be
granted to him forthwith. To the contrary, if the authority wishes to pass an
order against the petitioner, a copy of the same shall be supplied to him.
Needful be done within a period of three weeks from the date of receipt of a
copy of this order. The petitioner is directed to supply a copy of the order
along with one copy of the writ petition to the officer concerned within ten
days.
Copy of the order be supplied to counsel for the petitioner
under signatures of the Court Reader.
29.07.2009 (Jasbir Singh) gk Judge