Dismissed
Ramesh Kumar v. Punjab State Power Corporation Ltd. & Ors.
Punjab & Haryana HCRSA/3161/2014
Case brief
from the order text
What is this about?
of 2014 (O&M) -1- IN THE HIGH COURT FOR THE…
What the court decided
AI extract
of 2014 (O&M) -1- IN THE HIGH COURT FOR THE…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RSA No.3161 of 2014 (O&M)
-1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.3161 of 2014 (O&M) Date of Decision.04.09.2015
Ramesh Kumar
.......Appellant
Versus
Punjab State Power Corporation Limited and others ......Respondents
Present: Mr. Rose Gupta, Advocate for the appellant.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
K. KANNAN J. (ORAL)
condoned.
-2-
RSA No.3161 of 2014 (O&M)
authority, however, took note of several communications which had been issued by the defendant to the plaintiff calling for information regarding the stocks and the records which he ought to have maintained. The plaintiff was unable to give any response and the punishing authority, therefore, passed an order under Ex.D11 taking a view against the enquiry officer's report and holding that the plaintiff was actually responsible for having caused the shortfall in the stationery and held him responsible for the amount and issued the recovery order. It was this recovery order which was challenged before the Civil Court.
had not been challenged is meaningless, for, conduct of an eqnuiry is PANKAJ KUMAR 2015.09.09 12:13 I attest to the accuracy and integrity of this document
-3-
RSA No.3161 of 2014 (O&M)
preliminary to a final decision that a punishment authority will take and if the punishing authority found him guilty of having caused the loss, Court's intervention would be to examine only whether the order suffers from any error of procedure or substantive violation of rules of natural justice. Both the Courts below found that there was no such error and dismissed the suit.
(K. KANNAN) JUDGE
September 04, 2015 Pankaj*
PANKAJ KUMAR 2015.09.09 12:13 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether recoveries can be made despite the enquiry officer not finding any shortfall in stationery.
Whether the punishing authority is bound by the enquiry officer's report if there was a violation of rules of natural justice.
Ramesh Kumar
Punjab State Power Corporation Limited
K. KANNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court