- (1.) The present appeal has been filed after 268 days. Only vague pleas have been taken in the application for condonation of delay. There is absolutely no justification to condone the aforesaid delay.
(2.) The application is thus dismissed. I have heard the learned counsel for the appellant on merits of the controversy also. The defendant Uttar Haryana Bijli Vitran Nigam Ltd. has filed the present appeal.
(3.) A suit for declaration and for permanent injunction was filed by the plaintiff claiming that the order dated September 21, 2001 for deducting the amount of Rs.89,924.15 from his pensionary benefits was illegal, bad, violative of principles of natural justice and not binding upon his rights. The plaintiff claimed that he had retired from service on October 31,1998 after rendering more than 38 years of service. It was further claimed that the entire record of the plaintiff during the service career remained unblemished and at no point of time any enquiry proceedings were initiated against him. The defendant defended the order of deduction and claimed that there was a shortage detected in the stores when the plaintiff was incharge. Consequently, the order of recovery was legal and valid.;