IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6215 of 2008 Date of decision : 22-09-2008 Hem Raj ....Petitioner VERSUS PSEB and Another ....Respondents CORAM:- HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE JORA SINGH Present: Mr. R.D. Bawa, Advocate for the petitioner. Ms. Anju Arora, Advocate for the respondents. 1. Whether reporters of local papers may be allowed to see the judgement? 2. To be referred to the reporters or not? 3. Whether the judgement should be reported in the Digest? M.M.KUMAR, J. Challenge in the instant petition is to the order dated 25-6-2007 (Annexure P3) effecting recovery from the gratuity payable to the husband of the petitioner to the tune of Rs.84,702/-. It is conceded position that on the basis of some enquiry initiated against the husband of the petitioner findings were recorded that he was guilty of negligence which resulted into loss to the Punjab State CWP No.6215 of 2008 -2- Electricity Board-respondent No.1. Therefore invoking rule 2.2 (b) of the Punjab Civil Service of the Rules Volume II, a cut in the pension @5% per month was effected for a period of 2 years. Despite the deduction of pension, respondent has also effected recovery from the gratuity amount to the extent of Rs.84702/-. This amount has been recovered without any order. In the written statement filed by respondent No.1 and 2 there is no justification offered for the aforementioned action. No recovery can be effected beyond the records. The punishment imposed on the husband of the petitioner is for deduction of 5% per month from the pension payable to the husband of the petitioner for a period of two years. After hearing the learned counsel for the parties, we find that the order dated 25-6-2007 (Annexure P3) cannot be sustained. The only punishment imposed upon the husband of the petitioner was cut in the pension to the extent of 5% per month for a period of two years. Therefore order dated 25-6-2007 (Annexure P3) is set aside. The respondents are directed to make the payment of Rs.84,702/- to the petitioner who being the wife is his legal representative. In so far as the cut in pension @ 5 percent is concerned the period of two years would come to an end on 18-5-2009 and the deduction @ 5 percent would continue only till the expiry of period of two years. Thereafter the rights of the petitioner for family pension CWP No.6215 of 2008 -3- etc. would come in play which shall be granted to her in accordance with rules. (M.M.KUMAR) JUDGE (JORA SINGH) JUDGE 22nd September, 2008 manju