Petitioner, a retired Junior Engineer, challenged the withholding of Rs. 51,412.70 from his retiral benefits without an inquiry. The Court applied Ratti Ram Vs. UHBVN and directed the release of the amount with interest.
Released Rs. 51,412.70 to the petitioner along with interest @ 8.5% within two months.
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C.W.P. No. 4097 of 2008
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No. 4097 of 2008 Decided on : 24-04-2009
Subhash Chander
....Petitioner
VERSUS
Uttar Haryana Bijli Vitran Nigam Limited, Panchkula and others.
....Respondents
CORAM:-HON'BLE MR. JUSTICE SATISH KUMAR MITTAL .
Present:Mr. K.L. Dhingra, Advocate for the petitioner. Mr. Narender Hooda, Advocate for the respondents.
SATISH KUMA MITTAL, J (Oral).
The petitioner has retired as Junior Engineer from Uttar Haryana Bijli Vitran Nigam Limited, Panchkula, on 30.4.2004. It is the case of the petitioner that an amount of Rs.1,48,089/- was withheld from his retiral benefits on the pretext of some recoveries against him.
The detail of the recovery amount has been given in Para 3 of the written statement. It has been stated that an amount of Rs.1,35,402.70 paisa was withheld on account of shortage of missing parts and oils of damaged Distribution Transformers. Further, the amount of Rs.4000/- was withheld on account of compensation paid to the owner of buffalo, which had died due the negligence of the petitioner and for that,
C.W.P. No. 4097 of 2008
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an order for recovering the said amount from the petitioner was passed. It has been further, disclosed that an amount of Rs.8667/- was withheld on account of death of another buffalo and the said amount was subsequently released to the petitioner in the year 2005, as he was not held responsible for the said loss.
It has further been pointed out in the written statement that out of the amount of Rs.1,35,402.70 paisa, an amount of Rs.83990/- has already been released and the remaining amount of Rs.51412.70 paisa has been withheld. As far as the said amount is concerned, it is conceded position that the same was withheld without giving any show cause notice to the petitioner.
In view of these facts, in my opinion, as per the judgment of this Court in Ratti Ram Vs. UHBVN and others (CWP No. 4631 of 2008), decided on September 11, 2008, the respondent-Corporation was not justified to withhold the aforesaid amount because the shortage of the same has not been proved in any inquiry after giving an opportunity of hearing to the petitioner. Thus, this petition is disposed of with direction to the respondents to release amount of Rs.51412.70 paisa to the petitioner along with interest @ 8.5% within a period of two months from the date of receipt of copy of this order. It will be open for the respondents to recover the said amount from the petitioner after following proper rules in accordance with law.
Disposed of in above terms.
24th April, 2009. Monika
(SATISH KUMAR MITTAL) JUDGE
C.W.P. No. 4097 of 2008 -3-
2 issues framed by the court
Whether the corporation was justified in withholding the petitioner's retiral benefits without conducting an inquiry or issuing a show cause notice.
Whether the petitioner is entitled to relief for the amount withheld from his retiral benefits.
Colour shows how this judgement treated each authority
Ratti Ram Vs. UHBVN and others (CWP No. 4631 of 2008)Applied¶19
Subhash Chander
Uttar Haryana Bijli Vitran Nigam Limited, Panchkula
SATISH KUMAR MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
