CWP No.12843 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.12843 of 2009 Date of Decision: 12.10.2010 **** Varinder Pal Singh Kailay . . . . Petitioner VS. Punjab State Electricity Board & 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. DS Sandhu, Advocate for the petitioner Lt. Col. KP Singh, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner who is working as a Senior Executive Engineer with the respondents in their CO&C Division at Patiala, is aggrieved by the orders dated 21.04.2009 and 09.07.2009 (Annexure P4 & P5, respectively), whereby the date of grant of first Proficiency Step up has been postponed and resultant recovery has been ordered to be effected. (2). One of the grievance of the petitioner is that no opportunity of hearing has been granted before CWP No.12843 of 2009.doc - 2 – passing the impugned order which admittedly visits him with civil consequences. (3). The respondents have filed their reply/affidavit wherein the impugned action though has been defended but with a candid admission that neither any show cause notice was issued to the petitioner nor the principles of natural justice were otherwise adhered to before passing the impugned order. (4). In the light of the above noticed admitted facts, the writ petition is allowed; the impugned orders (Annexure P4 & P5) are quashed and the respondents are restrained from effecting any recovery in view of the Full Bench decision of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511. The amount of recovery, if already effected is ordered to be refunded within a period of three months from the date of receipt of a certified copy of this order. (5). However, the respondents shall be at liberty to issue a show cause notice to the petitioner, if so CWP No.12843 of 2009.doc - 3 – required and pass an appropriate order after observing the principles of natural justice. (6). Ordered accordingly. Dasti. 12.10.2010 vishal shonkar (SURYA KANT) JUDGE