Court No. - 36 Case :- WRIT - C No. - 47641 of 2010 Petitioner :- Indra Pal Singh Respondent :- U.P. Power Corporation Ltd. Thru. Chairman Lko. And Ors. Petitioner Counsel :- Surendra Pratap Singh Respondent Counsel :- C.S.C.,Pankaj Kumar Shukla Hon'ble R.K. Agrawal,J.
Hon’ble Rajesh Chandra,J.
The contention of the petitioner is that he is only a clerk in Shri
Shahmal Smarak Inter College, Bijraul, Baghpat, newly impleaded
respondent No. 5 and if any theft of electricity has taken place it is the
institution, its authorities are liable to pay and the petitioner can not be
made responsible for making payment of the same personally. The
matter requires consideration.
Issue notice.
Notice on behalf of respondents No. 1 and 2 has been accepted by Sri
P.K. Shukla and on behalf of respondents No. 3 and 4 by the standing
counsel.
Let notice be sent to the newly impleaded respondent No. 5 fixing 27th
September 2010. Steps to be taken within a week. List on the date
fixed.
All the respondents may file their counter affidavit on or before 14th
September 2010. Rejoinder affidavit may be filed by the date fixed in
the notice.
As an interim measure, recovery proceedings pursuant to the notice
dated 20.6.2008, Annexure 4 to the writ petition, initiated against the
petitioner for recovery of electricity dues on the ground of alleged theft
detected in the institution shall not be made from the petitioner.
However, it shall be open to the authorities to recover the dues from
the institution (respondent No. 5) after giving due notice.
Order Date :- 13.8.2010
AM/-