SADHU SINGH Vs. PUNJAB STATE ELECTRICITY BOARD, PATIALA

JUDGEMENT

(1.) This is a petition to quash Annexure-P.10 under which the respondent No. 4 has started recovery from the pay of the petitioner towards the penal rent. ordered to be charged by the authorities of the Punjab State Electricity Board (for short 'the Board').

(2.) The facts necessary for this decision are that the petitioner joined service as Junior Engineer in the Irrigation Department on 27.7.1972. In July, 1977, he was posed at Anandpur Hydel Project, Ganguwal. The administrative control for maintenance and civil works of Anandpur Hydel Project Channel and Mukerian Hydel Project Channel was transferred by the Government of Punjab to the Punjab State Electricity Board vide order dated 6.7.1993. The staff of Irrigation Department working on these projects was placed on deputation with the Board. Accordingly, the services of the petitioner were also placed on deputation with the Board. On 12.1.1995, the petitioner was transferred from Maintenance Division, Ganguwal to Sarhala Maintenance Division, Patiala and was relieved immediately. However, the charge of stores at Nakian and Kotla was not taken from him till 10.10.1995 as is evident from Annexures P-4 to P-9. Afterwards the respondent-Board decided to charge penal rent from the petitioner is lieu of the occupation of Government accommodation at Nangal. Vide Annexure P.10, the respondent No. 4 ordered recovery of the penal rent from his pay.

(3.) The petitioner has challenged the levy of penal rent and recovery from his salary on the ground that the action of the respondents is violative of the rules framed by the Government of Punjab vide notification dated 25.2.1983 as well as Regulation 5.9 of the Punjab State Electricity Board Main Service Regulations, 1972, Volume-I, Part-I. The respondent Nos. 1 to 4 have justified the charging of penal rent by alleging that the petitioner was transferred because he had become surplus but he did not vacate the Government accommodation on the concocted ground that the charge was not being taken from him.