HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.6466 of 2004 (O&M) Date of Decision: 19.05.2011 **** Manjit Kaur . . . . Petitioner VS. State of Punjab & Ors. . . . . 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. GS Sandhawalia, Advocate for the petitioner Mr. JS Puri, Addl. AG Punjab **** SURYA KANT, J. (ORAL) (1). The petitioner seeks quashing of the orders dated 12.02.2004 & 24.03.2004 (Annexure P2 & P6, respectively) vide which her pay has been re-fixed and consequential recovery of Rs.57114/- has been ordered to be effected. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter-reply/affidavit. It is nowhere averred by the respondents that the petitioner misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). CWP NO.6466 of 2004.doc - 2 – (3). Applying the ratio decidendi of the Full Bench decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as well as the decision by the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440, I am of the considered view that no recovery can be effected from the petitioner. (4). Consequently, the writ petition is allowed to the extent that the impugned recovery order dated 24.03.2004 (Annexure P6) is hereby quashed. (5). Ordered accordingly. Dasti. 19.05.2011 vishal shonkar (S u r y a K a n t) Judge