CWP No.18197 of 1996.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.18197 of 1996 (O&M) Date of Decision: 16.08.2010 **** Sukhdarshan Dev Marwaha . . . . 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. Gurnam Singh, Advocate for the petitioner Mr. MS Virk, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). Learned counsel for the petitioner states that except the illegally deducted amount of Rs.1575/-, rest of the relief, as prayed for in this writ petition has been granted to the petitioner on the basis of the judgement rendered by this Court in CWP No.3994 of 1996 (Prem Parkash Nayar and others vs. PSEB) decided on October 23, 2002. (2). As regards the deduction of Rs.1575/-, it is apparent from their reply filed in Civil Misc. Application No.15069 of 2009 that the respondents have deducted the same to effect recovery of the alleged excess amount paid to the petitioner inadvertently. CWP No.18197 of 1996.doc - 2 – (3). It is well settled that unless an employee is found to have misrepresented the facts and/or played any fraud to secure the monetary gain, no recovery of the amount already paid to him as a part of the service benefit can be effected as ruled by a Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as well as the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440. (4). For the reasons afore-stated, the writ petition is disposed of as having become infructuous, however, with a direction to the respondents to release the withheld amount of Rs.1575/-within a period of one month from the date of receipt of a certified copy of this order. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 16.08.2010 vishal shonkar