IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 23118 of 2010 Date of Decision: 23.12.2010. Rani Devi --Petitioner Versus U.H.B.V.N. Ltd. and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Jagbir Malik, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. Sudhir Kumar, Advocate present in the Court on behalf of Mr. Narender Hooda, Advocate has been asked to accept notice on behalf of respondents. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. Husband of the petitioner was working with the respondent no.4 on the post of Lineman. He expired on 24.4.2009 while in service. Petitioner has filed this petition for release of terminal benefits of his late husband. It is admitted position that the controversy involved in this petition is squarely covered by a judgement of this Court dated 25.8.2010 passed in CWP No. 1048 of 2010, wherein following observations have been made:- CWP. No. 23118 of 2010 -2- “Admittedly, no disciplinary proceedings were initiated against the petitioner during the period he was in service or even after his retirement. Recovery from an employee is one of the prescribed punishment. No punishment can be imposed without initiating disciplinary proceedings. Admittedly, no disciplinary proceedings were ever initiated against the petitioner at any stage. Thus the impugned order (Annexure P3) and action of the respondents in affecting recovery from the petitioner is illegal and impermissible in law. This petition is accordingly allowed and Annexure P3 is quashed. Respondents are directed to refund the amount recovered from the petitioner from his gratuity within a period of three months.” In view of the above, this petition is disposed of in terms of the aforesaid judgement. Petitioner shall be entitled to the similar relief as granted in the aforesaid writ petition. (PERMOD KOHLI) JUDGE 23.12.2010. lucky