Court dismissed appellant's second appeal, noting interest was safeguarded and no substantial legal question or procedural irregularity warranted interference in recovery and rank reduction proceedings.
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R.S.A. No. 1613 of 2009 (O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
R.S.A. No. 1613 of 2009 (O&M)
Date of Decision: November 9, 2009
Vijay Kumar
…..Appellant
Vs.
Punjab State Civil Supplies Corporation etc.
…..Respondents
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. R.S. Malhotra, Advocate for the appellant.
-.-
M.M.S. BEDI, J. (ORAL)
Suit of the plaintiff- appellant challenging the departmental action of recovery, reduction and stopping of three increments was partly decreed holding that a sum of Rs.3,80,913.26/- was not recoverable by the respondents from the plaintiff. Similarly it was held that a sum of Rs.95440.26/- was also not recoverable from him as per the report of the inquiry officer. However, considering the facts and circumstances, a finding of fact on appreciation of evidence has been given that only a sum
R.S.A. No. 1613 of 2009 (O&M) [2]
of Rs.63909.90/- can be recovered from him. It was held by lower Appellate Court that a sum of Rs.95440.26/- cannot be recovered from him and only a sum of Rs.63909.90/- is recoverable.
Counsel for the appellant has not been able to point out any substantial question of law warranting interference in the orders passed by the Courts below as the interest of plaintiff has already been safeguarded. So far as reduction in rank and stopping of three increments is concerned, the plaintiff- appellant has already availed of the alternative remedy of filing departmental appeal. No procedural irregularity is pointed out warranting interference in this second appeal.
Dismissed.
It is made clear that dismissal of this appeal will not, in any manner, prejudice the rights of the plaintiff to avail any other departmental remedy available to him in accordance with law.
November 9, 2009 (M.M.S.BEDI) sanjay JUDGE
Vijay Kumar
Punjab State Civil Supplies Corporation
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
