IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 8286 of 2009 DATE OF DECISION : 27.05.2009 Hazari Lal .... PETITIONER Versus Dakshin Haryana Bijli Vitran Nigam Limited and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. P.S. Jammu, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who has retired from the service of the respondent Nigam as Junior Engineer on 30.5.2004 on attaining the age of superannuation, has filed the instant petition for issuing direction to the respondents to release the entire retiral benefits without withholding the amount of Rs. 6,63,000/- on account of stolen transformers, regarding which FIR has been lodged by the petitioner, and on account of leakage of oil and missing parts. It is the case of the petitioner that the aforesaid amount has been withheld by the respondent Nigam without providing an opportunity of hearing to him and without assessing the loss by passing a speaking order. It is the further case of the petitioner that this Court in CWP No. 7039 of CWP No. 8286 of 2009 -2- 2008, titled as Ram Kumar versus Dakshin Haryana Bijli Vitran Nigam Ltd. and others, decided on 11.9.2008, has held that the amount due on account of leakage of oil and stolen material, no recovery can be effected from the employee after his retirement. The further case of the petitioner is that in this regard, he has made representation dated 8.7.2008, copy of which has been annexed with the petition as Annexure P-2, to the respondents, but the same has not been considered so far and the aforesaid withheld amount has not been released. In view of the aforesaid facts, without issuing notice of motion as it will un-necessary delay the matter, this petition is disposed of with a direction to respondent No.2 to consider and decide the aforesaid representation dated 8.7.2008 (Annexure P-2) in light of the aforesaid judgment passed in CWP No. 7039 of 2009, by passing a speaking order, expeditiously and preferably within a period of three months. May 27, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE