High Court of Punjab and HaryanaCWP/4136/2016disposed of

Rameshwar Dass v. Uttar Haryana Bijli Vitran Nigam Ltd & ORS

2020-01-20Ms. Justice Nirmaljit Kaur2 pages

CWP No.4136-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.4136-2016 Date of Decision: January 20, 2020 Rameshwar Dass .....Petitioner

Versus

Uttar Haryana Bijli Vitran Nigam Limited and others ......Respondents CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Mr.Rajinder Goyal, Advocate for the petitioner.

Ms.Chhavi Sharma, Advocate for the respondents.

........

NIRMALJIT KAUR, J. (ORAL) Petitioner herein is seeking refund of the amount of Rs.3,35,478/- alongwith interest as the same was deducted by the respondents from the retiral benefits of the petitioner on account of shortage/breakage/T/FS and on other accounts without their being any order of deduction by the competent authority.

As per the reply, the respondents had issued show cause notice for recovery of the amount of Rs.5,31,390/- on account of breakage/shortage of parts of transformer as well as oil. Thereafter, a sum of Rs.2,24,816/- was waived off and a specific order was passed qua Rs.3,27,548/- which is evident from Annexure P-9, dated 03.02.2016. Therefore, the argument that no order was passed, is not correct.

However, it is contended that the order Annexure P9 has been passed simply taking into account certain instructions writing off the amount MEENU 2020.01.21 09:53 I attest to the accuracy and authenticity of this document chandigarh

CWP No.4136-2016 -2in respect of shortage of oil and spare parts only upto the limit of 30% whereas the petitioner was not found responsible for any shortage as per Recommendation dated 16.01.2015 by the SDO/SUS/Divn.No.2, UHBVN, Kaithal.

In view of the above, the present petition is disposed of with a direction to the respondents to re-consider the same in view of the said recommendation by way of passing a fresh order after granting personal hearing to the petitioner.

Needful be done within two months from the date of receipt of certified copy of this order.

January 20, 2020 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2020.01.21 09:53 I attest to the accuracy and authenticity of this document chandigarh