CWP No.10519 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.10519 of 2010 Date of Decision: 17.12.2010 **** Charanjit Kaur . . . . Petitioner VS. State of Punjab & 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. SC Pathela, Advocate for the petitioner Mr. HS Brar, Addl. AG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 16.12.2009 (Annexure P6) and is also aggrieved by the recovery of Rs.69,852/- made from her retiral dues upon withdrawal of the benefit of ACP granted to her on completion of 24 years of service. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter-reply. It is nowhere alleged therein that the petitioner misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s). CWP No.10519 of 2010.doc - 2 – (3). Applying the ratio decidendi of the decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 decided by a Full Bench of this Court and a later decision of 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; the order dated 16.12.2009 (Annexure P6) is quashed and the respondents are directed to refund the amount of Rs.69,852/-, if already 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