G P DHYANI Vs. U P STATE POWER CORPORATION LTD
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
G P Dhyani
U P State Power Corporation Ltd
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(1.) This appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against judgment and decree dated 16.05.2002, passed by Additional District Judge/1st Fast Track Court, Nainital , in Civil Appeal No. 11 of 2000, whereby said court has allowed the appeal and decreed the suit for 2 recovery of Rs. 3,17,303 paisa 76 against the defendant, with costs.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Brief facts of the case are that defendant G.P. Dhyani (since died) was Store Keeper of the plaintiff organisation (U.P. State Power Corporation Ltd. Lucknow), between the period 1979 to 1982. He was entrusted movable property of the plaintiff organisation, which was found in the year 1990, misappropriated. An explanation was sought from him for causing loss of Rs. 3,59,751. 64/-. After perusal of his explanation the employer (plaintiff) found that the defendant G.P. Dhyani, Store Keeper, failed to explain the loss of movable property valued Rs. 3,46,259. 40/- out of which Rs. 18,472/- was recovered from the arrears of his salary, whereafter, he was placed under suspension. In the year 1991, a suit was instituted for recovery of the remaining sum i.e. Rs. 3,17,303.76/- by the U.P. State Power Corporation Ltd. Lucknow, against the defendant G.P. Dhyani.;
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