CWP No.15785 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15785 of 2008 (O&M) Date of Decision: 06.07.2010 **** Nisar Ahmed (Retd. Inspector) . . . . Petitioner VS. State of Punjab and others . . . . . 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. Mohd. Yousaf, Advocate for the petitioner Mr. H.S. Brar, Addl. AG Punjab Mr. Jagjeet Singh, Advocate for respondent No.4 ***** SURYA KANT J. (ORAL) (1). The petitioner is retired Inspector from the Department of Local Bodies, Punjab and he seeks quashing of the recovery order dated 21.08.2008 (Annexure P1), whereby, he has been directed to deposit a sum of Rs.1,22,165/- towards recovery on account of retrospective re-fixation of his pay w.e.f. 01.01.1996. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter- reply/affidavit. CWP No.15785 of 2008.doc - 2 – (3). It is no-where alleged by the respondents that the petitioner ever misrepresented the facts, played any fraud or deceived the authority in order to secure any undeserving monetary benefits. (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. Somewhat similar view has been taken by 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 impugned order dated 21.08.2008 (Annexure P1) is hereby quashed. The withheld/recovered amount, if any, 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. (7). Dasti . (SURYA KANT) JUDGE 06.07.2010 CWP No.15785 of 2008.doc - 3 – vishal shonkar