C.W.P No. 15697 of 2008 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : February 18, 2009 1. C.W.P No. 15697 of 2008 Ran Singh vs Uttar Haryana Bijli Vitran Nigam Limited and others 2. C.W.P No. 20152 of 2008 Mool Chand vs Uttar Haryana Bijli Vitran Nigam Limited and others 3. C.W.P No. 16886 of 2008 Fateh Singh vs Uttar Haryana Bijli Vitran Nigam Limited and others 4. C.W.P No. 18401 of 2008 Surinder Pal Singh vs Uttar Haryana Bijli Vitran Nigam Limited and others 5. C.W.P No. 17982 of 2008 Sat Paul Sharma vs Uttar Haryana Bijli Vitran Nigam Limited and others 6. C.W.P No. 123 of 2009 Ram Dia vs Uttar Haryana Bijli Vitran Nigam Limited and others *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Jagbir Malik, Advocate for the petitioners in CWP Nos.15697, 20152, 16886, 17982 of 2008 and 123 of 2009. Mr. Naveen Daryal, Advocate for the petitioner in CWP No.18401 of 2008. Mrs. Neena Madan, Advocate for Mr. Raghujit Singh Madan, Advocate for the respondents in CWP Nos.15697, 20152 of 2008. Mr. B.S.Rana, Advocate for the respondents in CWP Nos.16886 and 17982 of 2008. Mr. Mohnish Sharma, Advocate C.W.P No. 15697 of 2008 ::2:: for Mr. Narinder Hooda, Advocate for the respondents in CWP Nos.18401 of 2008 and 123 of 2009. *** 1. Whether Reporters of Local Newspapers 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 ? *** AJAY TEWARI, J (Oral) This order shall dispose of CWP Nos.15697, 20152, 16886, 18401, 17982 of 2008 and 123 of 2009, as common questions of law and fact are involved therein. The sole dispute in these cases is with regard to the validity of recovery orders, which have been passed and implemented without any notice to the pensioners. This fact is not disputed. A reference in this regard is made to two Division Bench judgments of this Court in Ram Narain Dua vs Dakshin Haryana Bijli Vitran Nigam Ltd and others, 2007(1) RSJ 402, and CWP No.16997 of 2006, Ram Dass vs Uttar Haryana Bijli Vitran Nigam Limited and another, decided on 25.2.2008, wherein it has been categorically held that recovery from retiral dues can only be made after conducting regular inquiry. In these circumstances, these writ petitions are allowed and the impugned recovery orders are set aside. The petitioners would be entitled for refund of amounts withheld/recovered. However, this disbursal shall be made after the petitioners give security to the satisfaction of Chief Accounts Officer (Pension), Uttar Haryana Bijli Vitran Nigam Limited about the refund of the same in case the amounts are found to be recoverable after the due procedure. The respondents will make due payments to the petitioners within one month of the production of aforementioned security. C.W.P No. 15697 of 2008 ::3:: The respondents shall, however, be at liberty to pass fresh orders after following due procedure in law. ( AJAY TEWARI ) February 18, 2009. JUDGE `kk'