High Court slams DHBVNL, directs it to pay Rs 8 lakh costs

Tribune News Service

Saurabh Malik

Chandigarh, May 9

Nearly 25 years after a junior engineer was compulsorily retired from service, the Punjab and Haryana High Court has rappedDakshin Haryana Bijli Vitran Nigam (DHBVNL) for not only abusing the process of law in a contemptuous manner, but also making a mockery of it.

The admonition came as Justice Jasgurpreet Singh Puri directed the payment of Rs 8 lakh costs. Half the amount was directed to be paid to the kin of the petitioner-employee, who passed away during the petition’s pendency.

Justice Puri asserted the petitioner was not only compelled to knock at the high court door six times, but also lost the “battle of life” while litigating for the enforcement of his statutory and constitutional rights. Going into the background of the matter, the Bench observed the petitioner was inflicted with punishment of stoppage of two annual increments. Recovery was also carried out from his retirement benefits following shortage of material, a transformer’s missing parts and oil.

Setting aside both the actions of the respondent-DHBVNL after rounds of litigation, a Division Bench in April 2008 directed to release the withheld amount. But the order was not implemented to date despite lapse of 15 years. The Bench granted liberty to the respondents to take appropriate action in accordance with law to recover the shortages, if any. But it was for a subsequent event. The respondents nullified the positive direction to release the withheld amount under its garb.

Justice Puri asserted the quantum of costs was well justified as it was in the interest of justice, considering that the respondents’ action resulted in “gross abuse of process of law”. Pension and pensionary benefits was a constitutional right, since it fell within the “right to property”. Article 300-A of the Constitution provided that a person would not be deprived of his right to property, except by the authority of law.

“The petitioner was compulsorily retired from service on November 26, 1999. Thereafter, he filed a number of petitions before this court. The present is writ petition of 2020, his sixth petition. During the pendency of the present writ petition, the petitioner unfortunately died on August 28, 2020. He could not get his grievances redressed from the respondent-DHBVNL. In this way, there was a long drawn litigation for redressal of grievances pertaining to right to property for about 24 years,” Justice Puri asserted.

Respondent-DHBVNL was also directed to refund Rs 2,13,611 to the petitioner, along with 6 per cent per annum interest. Remaining costs of Rs 4 lakh was directed to be paid to the High Court Legal Services Committee.

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