C.W.P. No. 18257 of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 18257 of 2004 DATE OF DECISION: November 17, 2009 Boota Singh and Others .........PETITIONER(S) VERSUS State of Punjab and Others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Ashish Grover, Advocate, for the petitioners. Ms. B.S. Chahal, DAG, Punjab. AJAI LAMBA, J. (ORAL) This petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents not to initiate recovery from the petitioners on the basis of audit objection Annexure P-1. Learned counsel for the petitioners, at the outset, states that the challenge in this petition is only confined to recovery. Learned counsel contends that on the basis of the objection, the respondents are initiating recovery proceedings from the petitioners. Learned counsel for the petitioners states that the matter is covered by judgment dated 22.05.2009 rendered by Full Bench of this Court in Budh Ram and Others vs. State of Haryana and Others bearing CWP No. 2799 C.W.P. No. 18257 of 2004 2 of 2008. The petitioners had not played any fraud or misrepreseneted the facts to actuate release the benefits on account of which pay had been wrongly fixed. Learned counsel for the respondent states that there is no material to indicate that the petitioner had played fraud or had misrepresented facts. Learned counsel for the respondent has not been able to dispute that the matter would be covered by judgment rendered in Budh Ram's case (supra). In view of the above, this petition is allowed in limited terms. The respondents would have no right to effect recovery from the petitioners. Consequently, it is directed that any recovery effected during the interregnum period would be refunded to the petitioners within a period of four months of receipt of certified copy of the order. 17.11.2009 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest?