Gujarat High Court Rejects Unjust AC Bill Recovery Order

The Gujarat High Court has annulled a government order demanding repayment of an electricity bill for air conditioning usage from a retired lecturer at a government polytechnic in Ahmedabad. This decision comes after the court criticized the authorities for attempting to recover funds without sufficient evidence of the lecturer’s actual use of the air conditioner and without adhering to necessary procedural guidelines.

Background of the Case

In 2017, the Commissioner of Technical Education initiated recovery proceedings against eleven faculty members at the polytechnic, citing unauthorized use of air conditioners in their offices. Among those targeted was the retired lecturer, who was presented with a bill amounting to Rs 53,562 for the period from 2002 to 2012. This figure was later adjusted to Rs 1.77 lakh.

While ten faculty members complied with the payment request, the lecturer contested the order in court. She argued that she had never received any prior notification regarding her entitlement to use the air conditioner, nor was she informed that it was against policy due to her pay scale. Furthermore, she asserted that the air conditioning unit was already installed in her office when she assumed her position, and no evidence had been provided to substantiate claims of misuse or unauthorized installation.

Court Findings

Upon reviewing the case, Justice Nikhil Kariel emphasized that the authorities were obligated to follow due process in line with state government policies before issuing the recovery order. The court found that the officials failed to present any proof indicating that the lecturer had been informed of her supposed ineligibility to use the air conditioner during her service.

“The respondents are not able to point out that during her service tenure between the year 2002 to 2012, the petitioner was intimated not to use the air conditioner as she was not entitled,” stated Justice Kariel.

The court also highlighted the lack of evidence showing that the lecturer had either installed or misused the air conditioning unit. Consequently, the high court restrained the authorities from pursuing any further actions regarding the recovery of the funds, especially as the lecturer had retired on July 30.

This ruling underscores the importance of following established procedures in administrative actions, particularly when they involve financial implications for employees. The decision serves as a reminder for government bodies to ensure transparency and fairness in their dealings with public servants.