HARINDER PAUL BEHAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed for the grant of following substantive relief:-

(2.) The issue regarding recoveries has been decided by this Court in batch of petitions, lead case being CWPOA No. 3145/2019, titled S.S. Chaudhary Vs. State of H.P. and Others, decided on 24/3/2022, wherein, after taking into consideration entire law on the subject, this Court has laid down the following parameters where recovery by the employer would be permissible/impermissible from the employee. Paragraph 35 whereof reads as under:-

(3.) At this stage, it would be apt to refer to a recent judgment rendered by Hon'ble Supreme Court in Thomas Daniel Vs. State of Kerala and Others, 2022 AIR (SC) 2153, decided on 2/5/2022, wherein it has been held as under:-