CWP No.144 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.144 of 2010 (O&M) Date of Decision: 12.10.2010 **** Multan Singh . . . . Petitioner VS. PSEB & Ors. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. Dharampal, Advocate for the petitioner Lt. Col. K.P. Singh, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner who is substantively holding the post of Lower Division Clerk, is statedly performing the duties of a Cashier in the respondent-Board. He seeks quashing of the Audit notes/order dated 27.07.2009 (Annexure P15) whereby the benefit of certain increments granted while re-fixing his pay has been withdrawn with retrospective effect and the consequential recovery is sought to be effected. (2). The respondents have filed their counter- reply/affidavit defending the impugned action as according to them the petitioner was not entitled to the subject increments. (3). It is the conceded position that before passing the impugned order, no show cause notice or opportunity CWP No.144 of 2010.doc - 2 – of hearing has been afforded to the petitioner. Admittedly, the impugned order visits the petitioner with civil consequences as it has not only reduced/re- fixed his pay but has entailed recovery also. The impugned order, thus, could not be passed without observing the principles of natural justice. (4). The writ petition is accordingly allowed and the impugned order dated 27.07.2009 (Annexure P15) is quashed. The amount, if any, already recovered is ordered to be refunded to the petitioner within a period of three months from the date of receipt of a certified copy of this order. (5). The respondents shall, however, be at liberty to pass afresh order in accordance with law, if so advised but keeping in view the decision dated 29.03.2007 rendered by a Division Bench of this Court in CWP No.11541 of 2006 titled as Vipin Kumar & Others v. Punjab State Electricity Board & Others (Annexure P16). (6). Order accordingly. Dasti. 12.10.2010 vishal shonkar (SURYA KANT) JUDGE