Delhi High Court - Orders
Chairman, Delhi Transport Corporation vs Ramji Lal on 4 February, 2019
Author: Vipin Sanghi
Bench: Vipin Sanghi, A. K. Chawla
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1160/2019
CHAIRMAN, DELHI TRANSPORT CORPORATION ..... Petitioner
Through: Ms. Aditi Gupta, Advocate.
versus
RAMJI LAL ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE A. K. CHAWLA
ORDER
% 04.02.2019 CM APPL. 5241/2019 Exemption allowed, subject to all just exceptions. W.P.(C) 1160/2019 & CM APPL. 5240/2019 (for stay) The submission of learned counsel for the petitioner is two folds. Firstly, she submits that so far as the amount of Rs.76,178/- is concerned, the same was deducted from the salary of respondent while he was still in service. He did not raise any grievance in regard to the said deduction and the Original Application qua the claim for the refund of said amount was barred by limitation. She further submits that so far as the recovery of Rs.1,33,137/- from the gratuity of the respondent is concerned, the same was in order and did not fall foul of 'State of Punjab & Ors. vs. Rafiq Masih', AIR 2015 SC 696 since, while making the payment, the respondent was put to notice on 15.07.2015 that the excess payment, if any, on account of fixation of pay will be recovered from the salary of the employee. She states that this aspect has not been considered in Rafiq Masih (supra) but has been considered in 'Chandi Prasad Uniyal and Ors. vs. State of Uttrakhand and Ors.', AIR 2012 SC 2951.
Issue notice to the respondent, returnable on 19.08.2019. In the meantime, the operation of the impugned order shall remain stayed. However, no further recovery shall be made from the respondent on any account.
Dasti.
VIPIN SANGHI, J A. K. CHAWLA, J FEBRUARY 04, 2019 nn