CWP No. 16667of 2005 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 16667of 2005 Date of Decision: 25.2.2008 Sharam Singh .......Petitioner Versus Uttar Haryana Bijli Vitran Nigam Limited and others ......Respondents Coram: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE MOHINDER PAL Present: Shri Jagbir Malik, Advocate, for the petitioner. Ms. Geeta Singhwal, Advocate, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The challenge in the present writ petition is to the withholding of an amount of Rs.31150/50p by the respondents from the retiral benefits payable to the petitioner. The petitioner has retired on 31.5.2005 after attaining the age of superannuation. However, a sum of Rs.31150/50p has been withheld from the retiral benefits payable to the petitioner on account of some missing parts and the shortage of transformer oil. It is the case of the petitioner that no recovery could be effected from the petitioner without issuance of show cause notice and charge-sheet so as to provide an opportunity of hearing to the concerned employee. Therefore, the amount withheld amounts to recovery of the amount payable to the petitioner without due process of law and thus, the same is not sustainable in law. CWP No. 16667of 2005 (2) In reply, it has been pointed out that a show cause notice has been issued to the petitioner on 30.1.2006 as the respondents have no other alternative except to recover the amount from the retiral benefits of the petitioner. A perusal of the record shows that the show cause notice relied upon by the respondents has been issued after the filing of the writ petition. Thus, withholding of the amount from the retiral benefits of the petitioner, is wholly unjustified as prior to conclusion of the proceedings in pursuance of show cause notice, the amount could not be withheld. In view of the above, the present writ petition is disposed of with liberty to the petitioner to submit reply to the show cause notice within one month from today. The respondents shall consider such reply and pass an appropriate order within a period of two months thereafter. It is only in terms of the order passed, the respondents shall be at liberty to withhold the amount, else they shall make the payment of the retiral benefits forthwith. (HEMANT GUPTA) JUDGE (MOHINDER PAL) JUDGE 25-02-2008 ds