DAYA RAM Vs. H.P.MILKFED

JUDGEMENT

(1.) THIS petition is directed for quashing, setting aside the order dated 10.2.2006 Annexure P -A with further direction not to recover any amount from the Petitioner on the basis of order dated 10.2.2006 Annexure P -A.

(2.) THE facts, in brief, are that the Petitioner as driver was deployed on the truck of the Respondents for supply of surplus milk to Delhi/Karnal. The duty of the Petitioner was of emergent nature, the Petitioner had no accommodation at Milk Plant, Chakkar Colony, Mandi. It was difficult for the Petitioner to perform his duty in odd hours. The Petitioner was not allotted any accommodation in the residential colony of the Respondents at Chakkar. In these circumstances, the Management allowed the Petitioner to use kitchen room 14 1/2 X 7 feet in the Guest House vide office order dated 7.5.2003 issued by the Manager(Production). The Petitioner used the kitchen room for his stay while at Mandi.

(3.) THE petition has been contested by the Respondents by filing a reply. It has been denied that the recovery of Rs. 7,538.76 from the Petitioner is illegal. The Petitioner was allotted one room set in the Guest House of Milk Federation at Chakkar on usual rent. The Petitioner occupied one room set in the Guest House till 28.2.2006. It has been denied that the Petitioner was allowed to reside in the kitchen of the Guest House by the Respondents. It has been stated that the Head Office had passed the salary bill of the Petitioner for February 2006 payable in March, 2006 for Rs. 9,803/ - in gross and Rs. 7,640/ - in net. The recovery was to be made by the Unit Incharge at Chakkar, who is the DDO of the Petitioner and he started the recovery of total amount in instalments of Rs. 500/ - per month for which he was having the administrative powers. It has been admitted that the Petitioner had not received the salary for February, 2006.