COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 4221/2001 Mahendra Kumar Bhargava …….Petitioner Versus Uttaranchal Power Corporation Ltd., Dehradun Through Chief Managing Director & Others …….Respondents Sri Paresh Tripathi, learned Counsel for the petitioner. Sri N.S. Negi, learned Counsel for the respondents. 21st May, 2008 Hon’ble P.C. Verma, J. By means of this writ petition the petitioner has assailed the recovery order passed against him. Petitioner is working as an Office Assistant in the establishment of Uttaranchal Power Corporation at Haridwar. Petitioner was held responsible for loss to the tune of Rs. 1,43,100/- by the order dated 28.2.2001, which is contained as Annexure No. 1 to the counter affidavit. Thereafter the respondents started deducting Rs. 2000/- per month towards recovery from the salary of the petitioner. The petitioner has alleged that recovery of Rs. 2000/- per month is being made without any specific order. No such order of recovery has been placed on the record by the respondents. 2. Petitioner was not served with any chargesheet. Neither any explanation was called upon nor any show cause notice was issued to the petitioner before starting the recovery from the salary of the petitioner. Recovery has been started without holding any proper enquiry. It 2 has been alleged that the appointing authority/disciplinary authority in respect of the petitioner is Deputy General Manager, who has not passed any recovery order. In the counter affidavit, no specific reply is available with regard to these allegations. Vague statements have been made in the counter affidavit. Moreover, no notice or opportunity of hearing was afforded to the petitioner before passing the recovery order, if any. But undisputedly recovery of Rs. 2000/- per month from the salary of the petitioner started w.e.f. the month of March, 2001. 3. In view of the facts and circumstances of the case narrated above, writ petition is allowed and recovery order, if any, is hereby quashed. The petitioner shall be refunded the amount, if any, which has already been recovered from him. No order as to costs. (P.C. Verma, J.) Prabodh