G.S.Sandhawalia, J - (1.) Civil Misc.No.1957 of 1989 and Regular Second Appeal No.1086 of 1989.
(2.) The present appeal has been filed by the Punjab State Electricity Board, Patiala (hereinafter referred to as "the Board") against the judgment and decree dated 30.11.1988 whereby the appeal of the plaintiff-respondent was allowed by the Addl. District Judge, Patiala while setting aside the judgment and decree dated 7.6.1988 of the trial Court and the order dated 2.2.1987 passed by the Superintending Engineer whereby he had ordered recovery of Rs. 75292.20 paise. Accordingly the same was declared null and void and the defendants were restrained from giving effect to the said order of recovery by decreeing the suit.
(3.) The case of the plaintiff, who was working as Linesman with the Board was that he was served with charge sheet dated 10.6.1986 by the Executive Engineer and he duly replied to the same. Thereafter, another memo dated 19.8.1986 was issued to him pointing out certain infirmities and he submitted reply to the memo dated 19.8.1986 and was again served with memo dated 7.10.1986 by the Executive Engineer to which he submitted reply on 27.10.1986. Eventually the impugned order dated 2.2.1987 whereby recovery of Rs. 75292.70 paise had been imposed upon the plaintiff which had been passed by the Superintending Engineer which is null and void being penal in character. In the plaint, it was also alleged that the Superintending Engineer did not apply his judicious mind to the facts of the case and the order was against the provisions of law and principle of natural justice.;