HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.194 of 2009 Date of Decision: 25.10.2010 **** Sukhchain Singh . . . . Petitioner VS. Punjab Agro Food Grains Corp & 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. OP Kamboj, Advocate for the petitioner(s) Mr. GS Lalli, Advocate for respondent No.1 Ms. Geeta Sharma, Advocate & Mr. IS Sidhu, Advocate for the respondents ***** SURYA KANT J. (ORAL) {1}. This order shall dispose of CWP Nos.194 & 19268 of 2009; 12079 & 14748 of 2010 as common questions of law and facts are involved in these petitions. For brevity, the facts are being extracted from CWP No.194 of 2009. {2}. The petitioner is serving as Fertilizer Clerk in the respondent-Corporation. He is aggrieved by the order dated 01.10.2008 (Annexure P1) passed by the District Manager, Tarn Taran of the respondent- Corporation directing him to deposit a sum of `6,22,438/- towards shortage of wheat stored during the years from 1999-2000 to 2004-05. CWP No.194 of 2009.doc - 2 – {3}. The respondents have filed their reply/affidavit defending the impugned action on the plea that the recovery is sought to be effected in terms of the policy circular dated 17/18th April, 2000 (Annexure R1). {4}. It is, however, conceded by the respondents that no show cause notice was ever issued and no opportunity of hearing was afforded to the petitioner before passing the impugned recovery order. {5}. Having heard learned counsel for the parties, I am of the considered view that since the impugned order has serious civil consequences, the petitioner(s) ought to have been heard before passing the same. The observance of principles of natural justice is sine qua non for taking such a punitive action. {6}. The writ petition is accordingly allowed; the impugned order dated 01.10.2008 (Annexure P1) is hereby quashed. However, the respondents shall be at liberty to issue a show cause notice to the petitioner and pass an appropriate order(s) after giving due opportunity of hearing to the petitioner(s) and in accordance with law. {7}. Ordered accordingly. Dasti. (SURYA KANT) JUDGE 25.10.2010 vishal shonkar CWP No.194 of 2009.doc - 3 –