RAJ SINGH Vs. UHBVNL AND OTHERS

JUDGEMENT

(1.) The appellant-plaintiff challenges judgment and decree dated 18.1.2011 passed by learned Additional District Judge, Kaithal whereby his appeal against dismissal of his suit for declaration and mandatory injunction, has been dismissed.

(2.) The plaintiff had filed a suit seeking declaration that he is entitled to refund of an amount of Rs. 54, 000/- illegally recovered by the respondent-defendant from DCRG; a refund of Rs. 82, 000/- on account of illegal and unjustified punishment awarded to him; commutation benefits and leave encashment benefits, averring therein that he remained in service of the defendant and retired from service upon attaining the age of superannuation on 30.11.2004. Though, his provisional pension was released but other benefits like DCRG, leave encashment, commutation benefits were withheld which were released at the end of October, 2005 but an amount of Rs. 1, 85, 163/- was recovered from DCRG without furnishing details. Upon enquiry, he came to know that same was on account of unrealised amount debited in the accounts of consumers on the basis of a half margins raised by the audit party and that an amount of Rs. 82, 000/- was recovered on account of punishment awarded by Chief Engineer Operation UHBVNL, Panchkula vide order dated 28.7.2005 which was further revised vide order dated 8.9.2005. The punishment was of recovery of the amount equal to stoppage of three increments without future effect. Though, an appeal was made to the Director/Finance, UHBVNL, Panchkula but the same was rejected on flimsy grounds and even an application for reviewing the said order was not considered. The plaintiff further stated therein that out of the amount of Rs. 1, 02, 000/- recovered from DCRG, an amount of Rs. 48, 566/- was refunded to him on his representation but the balance amount of Rs. 54, 000/- has not been refunded so far.

(3.) The suit was contested by the defendants who filed the written statement wherein a stand was taken that an amount of Rs. 1, 83, 1680/- had been withheld from DCRG of the plaintiff being outstanding against him vide L.P.C. dated 14.9.2005 which included an amount of Rs. 62, 725/- as outstanding recovery of embezzlement in Pundri Sub Division, an amount of Rs. 1, 01969.80/- as outstanding recovery in 'OP' Sub Division No.1, Kaithal and an amount of Rs. 18, 468/- as recovery of three annual increments in view of letter dated 8.9.2005 issued by the Head Office. It was further stated therein that subsequently on account of some recovery having been effected from the consumers, some amount has been credited in the account of the plaintiff and presently as per the latest revised L.P.C. an amount of Rs. 1, 20, 440.70/- is outstanding against the plaintiff and the rest has been refunded to the plaintiff except an amount of Rs. 11, 143/- and that an application has been sent to the CAO, Pension for sanction of refund of Rs. 11, 143/- to the plaintiff.