IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.15739 of 2008 DATE OF DECISION: APRIL 29, 2009 Raghu Nath Verma .....PETITIONER Versus The Managing Director, Uttar Haryana Bijli Vitran Nigam Limited, Panchkula and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.R.S. Malik, Advocate, for the petitioner. Mr.Narender Hooda, Advocate, for respondents No.1 to 4. .. SATISH KUMAR MITTAL, J. (Oral) The petitioner, who retired as Junior Engineer from the office of Executive Engineer, Sub Urban Division, Uttar Haryana Bijli Vitran Nigam Limited on 31.12.2005 on attaining the age of superannuation, has filed this petition for quashing the impugned Instructions dated 22.10.2002 (Annexure P-3) to the extent by which the benefit of breakage/shortage has been restricted to 5% of the existing cost of transformer and 20% of the total cost of transformer oil; and also for quashing the impugned action of the respondents by which they have recovered an amount of Rs.2,10,183.62 from the retiral benefits of the petitioner on account of shortage of transformer oil and breakage of transformers parts. In the petition, it is the stand of the petitioner that the aforesaid amount of Rs.2,10,183.62 was withheld by the respondents without holding C.W.P. No.15739 of 2008 -2- any enquiry or issuing any show cause notice or recording a finding in the departmental enquiry about the said notice. This factual position has not been controverted by the counsel for the respondents. In view of this factual position and the law laid down by a Division Bench of this Court in Ghanshyam Dass Goyal v. Dakshin Haryana Bijli Vitran Nigam Limited (CWP No.8100 of 2005, decided on September 21, 2006), the respondents were not justified in withholding the said amount. In view of the aforesaid conceded factual and legal position, this writ petition is allowed and the respondents are directed to release the aforesaid amount of Rs.2,10,183.62 to the petitioner within a period of two months from today along with interest at the rate of 6% per annum. April 29, 2009 (SATISH KUMAR MITTAL) vkg JUDGE