CWP No.15143 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15143 of 2010 Date of Decision: 17.12.2010 **** Sham Sunder . . . . Petitioner VS. Punjab State Electricity Board & 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. SS Hira, Advocate for the petitioner Mr. PS Mattewal, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner who is working as SSA in the respondent-Board, seeks quashing of the orders dated 05.06.2009 & 05.02.2010 (Annexure P4 & P5, respectively) vide which recovery of `3,03,008/- has been ordered to be effected from him on account of re-fixation of his pay. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter- reply/affidavit, which is taken on record. It is nowhere averred by the respondents that the petitioner misled the authorities or played any CWP No.15143 of 2010.doc - 2 – fraud or deceived them to secure the undeserving monetary benefit(s). (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 and the impugned recovery orders dated 05.06.2009 & 05.02.2010 (Annexure P4 & P5, respectively) are hereby quashed. The respondents are directed to refund the amounts recovered from the petitioner (s) within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 17.12.2010 vishal shonkar (SURYA KANT) JUDGE