VINEY MITTAL, J. - (1.) The defendants Dakshin Haryana Bijli Vitran Nigam Ltd. and others have approached this Court through the present Regular Second Appeal having lost concurrently before the two Courts below.
(2.) A suit for recovery of Rs.55523/- was filed claiming that the aforesaid amount had been wrongly deduced from the DCRG/ Gratuity of the plaintiff on account of some alleged shortage by the defendants and the aforesaid recovery was illegal, bad and liable to be set aside and the plaintiff was entitled to the payment of the recovered amount.
(3.) The plaintiff claimed that he had retired on September 30, 1999 and thereafter a show cause notice had been issued to him on January 10, 2000. The said show cause notice was duly replied. But thereafter an order was passed by the defendants on December 20, 2000 deducting the aforesaid amount from the retiral benefits of the plaintiff lying with the defendants. It was claimed that the aforesaid recovery/ deduction from the retiral benefits of the plaintiff was totally illegal, bad and not sustainable.;