C.W.P No. 3093 of 2008 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 3093 of 2008 Date of decision : February 24, 2009 Sh. Mange Ram ...... Petitioner (s) v. Dakshin Haryana Bijli Vitran Nigam and others ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Manoj Chahal, Advocate for the petitioner. Mr. Narinder Hooda, Advocate for the respondents. *** 1. Whether Reporters of Local Newspapers 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 ? *** AJAY TEWARI, J (Oral) There are two claims made in this writ petition by the petitioner; one for additional benefits on account of his having passed Safety Code Test, and second for quashing the order of recovery by which an amount of Rs.1.50 lac has been deducted from his retiral benefits without holding any inquiry or charge sheet. As regards the first claim is concerned, counsel for the respondents has placed on record an affidavit wherein it has been pleaded that in fact the certificate of passing the Safety Code Test appended by the C.W.P No. 3093 of 2008 ::2:: petitioner is a forged document. Without going into the correctness of this, it can in any case be said that this is a disputed question of fact. In the circumstances, the first claim of the petitioner being meritless is declined. As regards the question of making recovery from the petitioner's retiral dues is concerned, there are two Division Bench judgments of this Court in Ram Narain Dua vs Dakshin Haryana Bijli Vitran Nigam Ltd and others, 2007(1) RSJ 402, and CWP No.16997 of 2006, Ram Dass vs Uttar Haryana Bijli Vitran Nigam Limited and another, decided on 25.2.2008, wherein it has been categorically held that recovery from retiral dues can only be made after conducting regular inquiry. I find this case to be covered by the exposition of law set out in the aforementioned judgments. Consequently, the recovery order (Annexure P-1) is set aside and the respondents are directed to pay the withheld amount from the petitioner's retiral benefits within three months from the receipt of a certified copy of this order. Liberty is, however, granted to the respondents to take steps to recover any amount which may be due to them after following the procedure laid down in law. Petition stands disposed of. ( AJAY TEWARI ) February 24, 2009. JUDGE `kk'