L.N. Mittal, J. - (1.) PLAINTIFF Om Parkash Sharma after having failed in both the courts below has come up by way of instant second appeal.
(2.) IN the suit, Plaintiff challenged order dated 5.12.2000 passed by Defendant No. 2 - Chief Engineer thereby ordering recovery of Rs. 7,12,700/ -from retiral benefits of the Plaintiff. Subsequent order dated 4.9.2001 passed by Defendant No. 2 regarding recovery of said amount from retiral benefits of the Plaintiff including instalments of 50% of the pension amount every month was passed. The Plaintiff retired as Junior Engineer on 31.1.1995 from the service of Defendant No. 1 - Punjab State Electricity Regular Second Appeal No. 2992 of 2005 Board. The Plaintiff's case is that order for recovery is null and void and also that recovery cannot be effected from retiral benefits of the Plaintiff. Defendants broadly controverted the plaint allegations. It was pleaded that recovery has been rightly ordered from the Plaintiff. It was also alleged that the Plaintiff had earlier filed suit on 24.5.1993 for declaration and permanent injunction relating to the same amount. The said suit was dismissed and thereafter recovery order was passed legally and validly. The recovery being made is legal and valid. Various other pleas were also raised.
(3.) LEARNED Civil Judge (Senior Division), Sangrur vide judgment and decree dated 11.12.2004 dismissed Plaintiff's suit. First appeal preferred by Plaintiff has been dismissed by learned Additional District Judge, Sangrur vide judgment and decree dated 18.2.2005. Feeling aggrieved, the Plaintiff has preferred the instant second appeal.;