CWP No.11688 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.11688 of 2010 Date of Decision: 17.12.2010 **** Ashok Kumar . . . . 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. Arvind Kashyap, Advocate for the petitioner Mr. PS Mattewal, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner, who is working as Sr. Assistant in the respondent-Board, is aggrieved by the impugned action of recovery of `86697/- ordered to be effected from him upon withdrawal of time bound higher scale which was earlier granted on completion of 16/23 years of service. The petitioner also seeks refund of the amount recovered from him along with interest. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter- reply/affidavit, which his taken on record. It is nowhere averred by the respondents that the CWP No.11688 of 2010.doc - 2 – petitioner misled the authorities or played any 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 impugned entry in the Service Book of the petitioner to the extent ordering recovery from the petitioner, is hereby quashed. The respondents are directed to refund the amount recovered from the petitioner 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