Dharam Pal Kharbanda vs Uttar Haryana Bijli Vitran on 16 April, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                           AT CHANDIGARH

                          C.W.P. No. 5541 of 2009

                          DATE OF DECISION: APRIL 16, 2009

Dharam Pal Kharbanda

                                                          .....PETITIONER
                                 Versus

Uttar Haryana Bijli Vitran
Nigam Limited, Panchkula and others
                                                        ....RESPONDENTS


CORAM:      HON'BLE MR.JUSTICE SATISH KUMAR MITTAL
                         ---

Present:     Mr.K.L. Dhingra, Advocate,
             for the petitioner.
                    ..

SATISH KUMAR MITTAL, J. (Oral)

The petitioner, who was serving as Junior Engineer (1) with the

Uttar Haryana Bijli Vitran Nigam Limited, Yamun Nagar, has retired from

service on 31.1.2006. It is the case of the petitioner that the respondents

have withheld an amount of Rs.64,388/- out of the retiral benefits on

account of some shortage of transformer oil and parts. It is further the case

of the petitioner that in view of the policy decision, copy of which has been

annexed as Annexure P-3, as well as the judgment of this Court in Ratti

Ram v. UHBVN and others, CWP No.4631 of 2008, decided on September

11, 2008, the respondents could not have withheld the said amount,

particularly when neither any charge-sheet was issued nor any enquiry was

held. It is further the case of the petitioner that in this regard the petitioner

has submitted a detailed representation for the release of the withheld

amount, copy of which has been annexed as Annexure P-15, but the

respondents are not taking any decision on the said representation.
CWP No.5541 of 2009 -2-

In view of these facts, after hearing the counsel for the

petitioner and without issuing notice to the other side as it will unnecessary

delay the matter, this petition is disposed of with a direction to respondent

No.2 to consider and decide the said representation expeditiously and

preferably within a period of three months.

April 16, 2009                         (SATISH KUMAR MITTAL)
vkg                                            JUDGE