Civil Writ Petition No. 6583 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 6583 of 2009 Date of Decision: 17.9.2010 Subhash Chander …Petitioner Versus Additional Registrar (I), Co-operative Societies, Punjab, Chandigarh and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Ms. Jagdeep Bains, Advocate for the petitioner. Ms. Ambika Luthra, Assistant Advocate General, Punjab, for respondent No.1. Mr. Vikas Chatrath, Advocate for respondents No.2 to 4. Kanwaljit Singh Ahluwalia, J. (Oral) In the present writ petition, a prayer has been made that the order dated 4.2.2009 (Annexure P9), whereby the retiral benefits of the petitioner were withheld on the ground that an amount of Rs.3,27,964/- is recoverable from him, be quashed along with the order dated 10.5.2007 (Annexure P6), passed by respondent No.2, on the representation made by the petitioner. Mr. Vikas Chatrath, Advocate, appearing on behalf of respondents No.2 to 4, has submitted that the following dues are to be recovered from the petitioner, under various heads:- Civil Writ Petition No. 6583 of 2009 2 Sr. No. Details Amount recoverable (In Rs.) 1 Ex-gratia Advance for the year 2001-02 7,500/- 2 50% share of shortage of Rs.71,398/- with Sh. Harjit Singh, Branch Incharge relating to LAS of crop 2003-04 35,699/- 3 50% share of shortage of Rs.1,84,814/-(50% share i.e. Rs.92,407/- of Sh. Harjit Singh, B.I. And 50% of rs.92,407/- of Sh. Gurbax Singh, FO (Retd.) and Sh. Subhash Chander i.. Rs.46,023/- each of LAS crop 2003-04. 46,203/- 4 As unapproved abnormal bardana consumption at B.O., Amritsar, for the year 2001-02 to 2005-06 amounting to Rs.4,07,057/- with S/Sh.Rashpal Singh, FO, Subhash Chander, FO, Harjit Singh, BI and Gurbax Singh, FO. The share of Subhash Chander is Rs.1,01,764/-. 1,01,764/- 5 The amount of expiry date stock of Ghee/Oils as per audit report for the year 2004-05. 1,24, 687/- 6 Recoverable as cost of aluminum scrap of AP tablets as per audit report for the year 2005-06. 12,111/- TOTAL 3,27,964/- Learned counsel for the petitioner has submitted that neither any notice, regarding passing of order of recovery, has been served upon the petitioner nor any departmental proceedings have been initiated against him. At this stage, Mr. Chatrath has submitted that regarding the recoverable amount, under each head an order, in consonance with the rules and regulations, shall be passed after affording an opportunity of hearing to the petitioner, within a period of six months. Learned counsel for the petitioner has no objection thereto. Hence, the present writ petition is disposed of with a direction that the respondents shall pass a separate order, qua the details given Civil Writ Petition No. 6583 of 2009 3 in above table, after affording an opportunity of hearing to the petitioner, for effecting recovery of the amount from him, in consonance with the rules and regulations. The needful shall be done within a period of six months, from the date of receipt of a certified copy of this order. The petitioner will be at liberty to assail the order of recovery, in accordance with the provisions of law. Furthermore, in case the respondents come to the conclusion that the amount is not liable to be recovered from the petitioner, the retiral benefits, as withheld by the respondents, be disbursed to him, forthwith. No order as to costs. (Kanwaljit Singh Ahluwalia) Judge September 17, 2010 “DK”