CWP No.17054 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.17054 of 2009 (O&M) Date of Decision: 23.02.2010 **** Vidhya Bhushan . . . . Petitioner VS. State of Punjab and others . . . . . 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. R.K. Arora, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner impugns the orders dated 04.03.2009 and 19.03.2009 (Annexure P2 & P3), whereby, his pay has been reduced/re-fixed and consequential recovery has also been ordered. (2). During the course of hearing, learned counsel for the petitioner confines his challenge to the recovery order only. He relies upon the decision rendered by a Full Bench of this Court in Budh Ram and others vs. State of Haryana and others in CWP No.2799 of 2008 decided on 22.05.2009 and urges that in the light of the CWP No.17054 of 2009.doc - 2 – admitted facts and circumstances, no recovery can be effected from the petitioner, by the respondents as the petitioner never misled the Authorities to gain any monetary benefit nor concealed the material facts. (3). Learned State counsel submits that in the absence of any counter-affidavit, he is unable to admit or deny the factual plea taken by the petitioner. (4). In view of the categoric stand taken by the petitioner, the writ petition is allowed in part; the impugned orders to the extent of ordering recovery from the petitioner, are hereby quashed. However, the re-fixation of the pay etc. is upheld. The recovery, if any, already made be refunded to the petitioner within a period of four months from the date of receipt of certified copy of this order. (5). Since the respondents have not filed any counter- reply/affidavit, it is clarified that if, on verification of the records it is found that the petitioner had misrepresented the facts and/or had obtained the monetary benefit through fraud or deception, the respondents shall be entitled to seek review of this order within a period of six months from the date of receipt of a certified copy of this order. CWP No.17054 of 2009.doc - 3 – (6). Ordered accordingly. (7). Dasti . (SURYA KANT) JUDGE 23.02.2010 vishal shonkar