Kasturi Lal v. U.H.B.V. N. Ltd & Ors.

CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Brijender Kaushik, Advocate for the petitioner. Mr. Parveen Gupta, Advocate for Mr. Narender Hooda, Advocate for respondents. *** PERMOD KOHLI.J (ORAL) The petitioner retired as Junior Engineer on 30.4.2005 on attaining the age of superannuation from the Operation Sub Division, U.H.B.V.N. Ltd., Sadhaura, Distt. Yamuna Nagar. On his retirement he was not paid the retiral benefits. Petitioner filed CWP No. 3368 of 2007 seeking a direction for release of the gratuity, commutation of pension and other retiral benefits etc. This petition came to be disposed of vide order dated

20.9.2007 in view of the statement of the respondents that some charge sheet is pending against the petitioner. Thereafter, 75% of the pension and leave encashment was paid to the petitioner. In the disciplinary proceedings the petitioner was imposed penalty of stoppage of 4 increments with cumulative effect vide order dated 31.8.2007. This order has attained finality. Petitioner was communicated vide letter dated 19.10.2007 that his retiral benefits are being released except the amount equivalent to 4 annual increments in view of the penalty imposed upon him. Accordingly, gratuity and commuted pension was released vide order dated 27.11.2007. The CWP. No. 9378 of 2008 -2- petitioner thereafter, came to know that an amount of Rs.1,22,764/- has been recovered from his gratuity. The petitioner served a legal notice and filed the present writ petition challenging the order dated 27.11.2007, whereby the aforementioned amount has been recovered from his gratuity. In the reply filed by the respondents, it is stated that various amounts were recoverable from the petitioner, the details of the recoverable amount have been indicated in paras 8 and 9 of the written statement. The same are noticed hereunder:- “ i) A sum of Rs. 9,168/- has been intimated by the Chief Auditor of the answering respondent vide letter dated 1.12.2005. A copy of this letter dated 1.12.2005 is annexed herewith as Annexure R-1/1. (ii) A sum of Rs. 26,123/- on account of theft of properties/parts i.e. Transformer oil and conductor stolen in the month of June, 2002 which was under the custody of the petitioner. It needs to be stated that the loss of the aforesaid items was even reported by the petitioner himself and therefore he was fully in knowledge of loss/theft of such properties amounting to Rs. 26,123/-. (iii) A sum of Rs. 392/- is outstanding on account of misc. advance i.e. Purchase of material beyond the competency of the petitioner. (iv) A sum of Rs.2,000/- was awarded as penalty as per the District Consumer Disputes Redressal Forum, Yamuna Nagar on 5th September,

2003. It needs to be stated that petitioner was shown responsible for not checking the premises of the consumers. This decision is also fully in the knowledge of the petitioner and he cannot plead ignorance. (v) A sum of Rs. 5,655/- was also held liable in case of decision of the District Consumer Disputes Redressal Forum, Yamuna Nagar equally in CWP. No. 9378 of 2008 -3- the name of the petitioner as well as the S.D.O., Operation Sub Division, U.H.B.V.N., Sadhaura because there was a fire broke out and the petitioner as well as the S.D.O, Operation Sub Division were held to be equally responsible. The petitioner is fully aware of this decision also. A copy of the letter dated 7.8.2006 in this regard is annexed herewith as Annexure R- 1/2. (vi) A sum of Rs. 67, 888/- on account of missing parts of the damaged transformers which were under the control of the petitioner are recoverable from him. The petitioner is fully aware of the shortage as it was not noted from him by the Executive Engineer, Central Store, U.H.B.V.N, Dhulkote where he has returned some of the damaged transformers. The shortages are duly recorded in the Store Challan Book. Further, separate details of shortages of the damaged transformers intimated by the Executive Engineer, Central Store, U.H.B.V.N, Dhulkote were also endorsed to the petitioner from time to time. A copy of one such letter is annexed herewith as Annexure R-1/3 (Colly). A sum of Rs. 11, 538/- on account of recovery equal to the 4 annual increments without future effect in view of the order dated 31.8.2007 (annexure P-3) is recoverable. Thus, an amount of Rs. 1,22,764/- is liable to be recovered/outstanding from the total amount due to be paid to the petitioner as retiral benefits and the said amount has thus rightly been deducted from the retiral benefits of the petitioner.” I have heard learned counsel for the parties. CWP. No. 9378 of 2008 -4- Out of the aforesaid amounts, Rs. 11,538/- has been recovered in view of the punishment imposed upon the petitioner in the disciplinary proceedings and an amount of Rs. 392/- has been recovered as misc. advance. Admittedly, the petitioner is liable to pay this amount to the respondents. All other amounts have been recovered allegedly on account of some loss caused by the petitioner to the department during the period he was in service. It is admitted case of the parties that no disciplinary proceedings were initiated against the petitioner for causing alleged loss to the department nor there is any such determination by any competent forum. Recovery from an employee is one of the punishments prescribed under rules. No prescribed procedure has been followed. All these recoveries except Rs. 11,538 and Rs. 392/- are, thus, illegal and unwarranted. In view of the above circumstances, this petition is partially allowed. Order impugned (Annexure P-5) is hereby set aside and respondents are directed to release the amount of Rs. 1,10,834/- after deducting Rs. 11,538+392= 11,930/- out of the total recovered amount of Rs. 1,22,764/-, within a period of three months with interest @ 6%, failing which the petitioner shall be entitled to the interest @ 9%.

12.11.2010. (PERMOD KOHLI) JUDGE