GHULAM HASSAN PANDIT v. MANAGING DIRECTED(KPDCL) SRINAGAR, KMR AND ORS
WP(C)/2577/2024 · 2025-05-22
Rajnesh Oswal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 9336 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9336 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 4 Reg. List HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR WP(C) 2577/2024 GHULAM HASSAN PANDIT
….. Petitioner(s) Through: Mr. Saliha Pirzada, Advocate with
Mr. Bhat Shafi, Advocate
Mr. Aabid Hamid, Advocate
V/s MANAGING DIRECTED(KPDCL) SRINAGAR KMR AND ORS …..Respondent(s)
Through: Mr. Faheem Shah, GA
CORAM:
HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
ORDER
22.05.2025
1. With the consent of the learned counsel appearing for the parties more particularly in view of the fact that the right of the respondents to file reply stands closed and Mr. Faheem Shah learned GA is in receipt of record, the matter is taken up for final disposal. 2. A notice dated 05.01.2024 was issued to the petitioner, who admittedly is working with the respondent-department as Meter Reader, to pay the electricity dues of electric connection installed
in the name of his father, failing which the disciplinary action was threatened. Thereafter the salary of the petitioner was stopped as claimed by the petitioner. The petitioner served a legal notice dated 21.08.2024 upon respondents as to why the salary of the petitioner has been stopped. 3. The respondent responded to the said notice through the medium of reply dated 10.09.2024 stating therein that it is the moral and the official obligation of the petitioner to clear the outstanding amount on account of electricity consumed, as he has been assigned the job by the Government to recover the electricity charges from other consumers. In the reply, reference has also been made to the show cause notice dated 05.01.2024. Simultaneously, the petitioner was asked to clear the outstanding dues. 4. The petitioner has filed this petition for quashing the notice dated 05.01.2024 and for directing the respondents to release the legitimate salary of the petitioner, illegally stopped by the respondents. 5. The respondents have not chosen to file the response to the writ petition and as already mentioned above, their right to file reply was closed. Heard learned counsel for the parties and perused the record. 6. This Court has perused the record produced by Mr. Faheem Nissar Shah, learned GA and the perusal of the same reveals that electric connection under consumer ID No. 0211010005718 is exiting in the name of father of the petitioner, who has died since long. 10. The respondents have not denied the factum of demise of the consumer namely Abdul Aziz Pandit. This is also fact that amount of Rs. 2 lacs is still outstanding against consumer ID No.
0211010005718. 7. Be that as it may, the respondents cannot stop the salary of the petitioner on account of non-payment of electricity dues.
The respondents can have resort to the remedies as available to them under law for recovery of the amount but in no manner can stop the salary of the petitioner. 08. In view of above, the respondents are directed to release the legitimate salary in favour of the petitioner forthwith and shall be at liberty to recover the outstanding amount in accordance with law. The petitioner shall be at liberty to respond to the show cause notice dated 05.01.2024 issued by the respondents. 09. Disposed of. (Rajnesh Oswal)
Judge SRINAGAR: 22.05.2025
“S. Nuzhat”