UTTARAKHAND JAL SANSTHAN Vs. UTTARAKHAND PUBLIC SERVICE TRIBUNAL

JUDGEMENT

(1.) Uttarakhand Jal Sansthan has challenged judgment dtd. 1/8/2023, passed by learned Uttarakhand Public Services Tribunal in Claim Petition No. 99/ SB/ 2023. By the said judgm ent, Claim Petition, filed by respondent No. 2, was partly allowed and the em ployer was restrained from recovering a sum of Rs.1,81,12,710.00 from him, pursuant to recovery order dtd. 2/5/2023. However, liberty was given to the em ployer to recover the am ount of financial loss, if any, caused by respondent No. 2, in accordance with law.

(2.) Learned counsel for petitioner contends that the judgment rendered by learned Tribunal is unsustainable. He submits that respondent no. 2 while serving as Chief Assistant in Uttarakhand Jal Sansthan, m isappropriated m oney collected from consumers as water charge, therefore, Uttarakhand Jal Sansthan was justified in ordering recovery of m isappropriated am ount from respondent no. 2. He relies upon Sec. 51 of U.P. Water Supply and Sewerage Act, 1975 (for short 'the Act'), for contending that his client was justified in issuing the recovery order for the am ount of loss caused by em ployee concerned.

(3.) Sec. 51 of the Act, however, m akes officers and em ployees of Jal Sansthan liable to surcharge for the loss, waste or misapplication of any m oney or property of the Jal Sansthan, if such loss, waste or m isapplication is a direct consequence of his neglect or m isconduct. For ready reference Sec. 51 of the Act is reproduced below: -