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
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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
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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