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2006 DIGILAW 300 (PNJ)

Dakshin Haryana Board Parsaran Nigam Limited, v. B. R. Verma

2006-02-03

JASBIR SINGH

body2006
Judgment 1. Respondent by filing a suit laid challenge to the order dated 9.2.1999 vide which deduction of some amount was made from his gratuity. 2. It was his case that the above said order has been passed without affording any opportunity to him and also without considering the objections taken by him in his reply to the show cause notice. Suit was decreed. Appellants failed in appeal. 3. Both the Courts below have found it as a matter of fact that no opportunity, as envisaged under the Service Rules was given to the respondent before effecting the above-mentioned recovery. In the written statement, it has specifically been admitted by the appellants that the reply filed by the respondent was received late. However, reading of the impugned order indicates that none of the objections raised by the respondent was discussed. 4. In view of the reasons given by the appellate Court below in para No.12 of the judgment dated 5.3.2005, no case is made out for interference in pure findings of fact. No substantial question of law has been raised. Dismissed.