GENERAL MANAGER Vs. DUDHESHWAR SINGH

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) FROM the office note, it appears that the counsel for the respondent no.1 had appeared after service of notice and counter affidavit has also filed on his behalf, but no body is represented today on behalf of respondent no.1.

(3.) AFTER going through the records and after hearing the counsel for the petitioner and from perusal of the aforesaid judgment, it appears that the impugned order denying the employer to deduct penal rent from the outstanding dues of the employee is contrary to the decision led by Hon'ble Supreme Court of India and as such the impugned order is not sustainable. However, in stead of quashing the impugned order it is modified to the extent that the employer is entitled to deduct/adjust the outstanding penal rent due from the employeerespondent no.1 for the period of unauthorized occupation of the official quarter from his outstanding dues and the rest, if any, should be paid to the petitioner .