Research › Search › Judgment

Himachal Pradesh High Court · body

2016 DIGILAW 272 (HP)

Himachal Pradesh State Electricity Board Limited v. Baini Prashad Sharma

2016-03-17

MANSOOR AHMAD MIR, P.S.RANA

body2016
JUDGMENT : Mansoor Ahmad Mir, J. 1. Challenge in this appeal is to the judgment and order, dated 13th December, 2010, made by the learned Single Judge/Writ Court in CWP (T) No. 8691 of 2008, titled as Baini Prashad Sharma vs. Himachal Pradesh State Electricity Board and Another, whereby the Original Application filed by the petitioner came to be allowed (for short “the impugned judgment”). 2. We have gone through the record read with the impugned judgment and are of the considered view that the impugned judgment is bereft of reasons, merits to be set aside. 3. At this stage, Mr. Suneet Goel, learned counsel for the petitioner-respondent herein stated at the Bar that this Court has already decided a case involving similar issue being LPA No. 47 of 2012, titled as H.P. State Electricity Board Ltd. vs. K.C. Aggarwal, decided on 16th April, 2015. His statement is taken on record. He has also produced copy of the said judgment across the Board, made part of the file. 4. A perusal of the Original Application as well as the pleadings does disclose that it is not the case of the writ respondents-appellants that any role was played by the petitioner-respondent herein while fixing his pay. Moreover, no such averment is contained in the instant appeal. 5. This Court in LPA No. 47 of 2012 (supra), while relying upon the judgment rendered by the Apex Court in State of Punjab and Others vs. Rafiq Masih (White Washer) 2015 AIR SCW 501, has quashed the recovery order. It is profitable to reproduce para 5 of the judgment in LPA No. 47 of 2012 herein: “5. Admittedly, there is no averment contained in the appeal or in the reply filed in the writ petition that the fixation of pay was made at the behest of the writ petitioner or any role was attributed to him. The entire exercise was made by the respondent-Board at its own.” 6. Having said so, the Original Application is allowed, Annexure A1 to the Original Application is quashed and the appellants-writ respondents are restrained from effecting recovery from the petitioner. 7. The appeal is disposed of accordingly alongwith all pending applications.