CWP No.4896 of 2003.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.19350 of 2009 in/and CWP No.4896 of 2003 Date of Decision: 30.08.2010 **** Manoj Kumar . . . . Petitioner VS. Punjab School Education Board & Anr. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Madan Mohan, Advocate for the petitioner Mr. Ashish Rawal, Advocate for Mr. Anupam Gupta, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the show cause notice dated 30.07.2002 (Annexure P9) and the order dated 14.01.2003/21.01.2003 (Annexure P11) vide which recovery of Rs.25995/- has been ordered to be effected from him on account of re- fixation of his pay. (2). It may be noticed here that the petitioner joined the respondent-Department as a Clerk on 07.01.1967 and finally retired as Deputy Director (Academics) w.e.f. 31.01.2008 on attaining the age of superannuation. CWP No.4896 of 2003.doc - 2 - (3). The sole plea taken by the respondents in support of the impugned recovery is that the Proficiency Step-up granted to the petitioner has since been withdrawn in terms of the Government instructions dated 31.03.2002. Suffice it to say that the respondents have nowhere alleged that the petitioner ever misrepresented the facts, played any fraud or deceived the authorities in order to secure any undeserving monetary benefit. (4). That being the state of affairs, no recovery can be allowed to be effected as ruled by a Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 and the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440. (5). The writ petition is, accordingly, allowed in part; the show cause notice dated 30.07.2002 (Annexure P9) and the recovery order dated 14.01.2003/21.01.2003 (Annexure P11) are hereby quashed. The withheld/recovered amount of Rs.25995/- is directed to be refunded to the petitioner within a period of three months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. CWP No.4896 of 2003.doc - 3 - (7). Dasti . (SURYA KANT) JUDGE 30.08.2010 vishal shonkar