Babudhar Barik v. Nesco.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 1895 of 2003 Babudhar Barik and Others ....

Petitioners Mr. Suraj Mohanty, Advocate -versusNESCO and Others ....

Opposite Parties Mr. P. Sinha, Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK

ORDER

10.02.2022 05.

1. The short point involved in the present petition by the former Order No.

employees of Northern Electricity Supply Company of Odisha Limited (NESCO), Opposite Party No.1 is that based on internal audit report, copy of which was never provided to them, and without any prior notice, by the impugned order dated 30th December, 2002 a sum of Rs.2000/- per month was directed to be recovered every month from their salary. This was purportedly the alleged excess claim of LTC availed of by the Petitioners.

2. When notice was issued in the present petition way back on 3rd March, 2003 this Court stayed the operation of the impugned orders at Annexure-2 i.e. the internal communication to the Executive Engineer, Jajpur Road dated 17th October, 2002 as well as the office order dated 30th December, 2002 of the Executive Engineer directing the deduction. That interim order has continued since.

3. Although NESCO was served and learned counsel had also entered appearance on its behalf, in all these nearly 19 years no counter affidavit has been filed.

4. The Court accordingly makes the interim order dated 3rd March, 2003 absolute and disposes of the writ petition.

5. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Jena/P.A.