CWP No.14051 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 12.11.2010 M.S.Walia ...Petitioner VERSUS Uttar Haryana Bijli Vitran Nigam etc. …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Subhash Ahuja, Advocate for the petitioner Mr.Parveen Gupta, Advocate for Mr.Narender Hooda, Advocate for respondents Permod Kohli, J. (Oral) Keeping in view the controversy involved and with the consent of learned counsel for the parties, this petition is disposed of at motion stage itself. The petitioner retired from service of the respondent-Nigam on 31.10.2004. After his retirement, a sum of Rs.2,58,373.35 has been deducted from the retiral benefits, vide order dated 19.12.2008 (Annexure P-1) impugned in this petition. During the pendency of this petition, an amount of Rs.1,45,4161/- has been released and a balance amount of Rs.1,12,957.30 remains with the respondents. Respondents have given details of the recoveries made from the petitioner in paragraph 8 of the of the reply. It appears that an amount of CWP No.14051 of 2009 2 Rs.1,1223/- has been recovered from the petitioner on account of interest on scooter advance whereas other two amounts i.e. Rs.16,921 and Rs.96,037 have been recovered on account of alleged shortage of missing parts and shortage of oil of damaged transformers and non-accountal of retrieved materials, respectively. In so far as the recovery of interest amount is concerned, the petitioner is bound to pay. Admittedly for rest of the recovery, no departmental proceedings were initiated against the petitioner at any stage. Recovery from the employee is one of the prescribed punishments. Admittedly for awarding this punishment, no departmental proceedings have been initiated nor any amount has been determined after initiation of departmental proceedings. Apart from that, the petitioner was never put to notice. In view of the above, this petition is allowed. Respondents are directed to release the amount of Rs.1,12,958/- with interest at the rate of 6% per annum within a period of three months, failing which the rate of interest shall be 9% per annum. (PERMOD KOHLI) JUDGE 12.11. 2010 MFK CWP No.10585 of 2010 3