IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.418 of 2008(O&M) Date of decision: 5.8.2009 Jagtar Singh ......Petitioner(s) Versus Smt. Harcharanjit Kaur Brar & ors. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. R.K. Arora, Advocate for the petitioner. Mr. M.C. Berry, Additional Advocate General, Punjab for the respondents. Rakesh Kumar Garg, J.(Oral) CM No.5532-CII of 2008 Application is allowed subject to all just exceptions. COCP No.418 of 2008 As per the averments made in this petition, the petitioner filed CWP No.16014 of 2007 for quashing of the order dated 29.8.2007 which was attached as Annexure P-4 with the writ petition whereby his pay was reduced with retrospective effect, after retirement and recovery was ordered to be made from his retiral benefits. Vide order dated 12.10.2007 passed by this Court, recovery from the petitioner was ordered to be stayed. Thereafter, the aforesaid order dated 12.10.2007 was made absolute, vide order dated 12.2.2008. According to the petitioner, he retired from Government service on 31.3.2006 and an amount of Rs.1,27,422/- was withheld while releasing his gratuity to satisfy the recovery pursuant to the order dated 29.8.2007 (attached as Annexure P-4 with the writ petition). According to the learned counsel for the petitioner, the respondents have committed contempt of this Court as the aforesaid recovery was in violation of the order passed by this Court on 12.10.2007 in CWP No.16014 of 2007. COCP No.418 of 2008(O&M) -2- In response to the show cause notice issued by this Court, reply by way of affidavit of respondent No.3-Amarjit Kaur, District Education Officer (SC) Ludhiana, has been filed wherein it has been mentioned that the Accountant General (A & E) Punjab, Chandigarh vide his letter Pen-4/J- 64/2005-06/14076-77 dated 13.3.2006 has ordered recovery of an amount of Rs.1,27,422/- from the petitioner and in consequence of the aforesaid order, recovery of the aforesaid amount was effected on 4.5.2006 vide R-2 attached with the reply i.e. prior to the order dated 12.10.2007 passed by this Court. It has been further mentioned in the reply that the aforesaid recovery was made with the consent of the petitioner which was given by the petitioner vide letter dated 15.12.2005 (attached as Annexure R-II/T). No counter affidavit has been filed by the petitioner to controvert the aforesaid reply filed by the respondent. In view of the aforesaid uncontroverted facts as submitted in the reply, I find that since the alleged recovery was made much prior to the filing of the writ petition itself, no violation/disobedience has been made by the respondent to the order dated 12.10.2007 passed by this Court. No merits. Dismissed. Rule discharged. August 5, 2009 (RAKESH KUMAR GARG) ps JUDGE