HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.6072 of 2004 (O&M) Date of Decision: 12.07.2011 **** Ashok Kumar Sharda . . . . 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. GS Sandhawalia, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG Punjab **** SURYA KANT, J. (ORAL) (1). The petitioner seeks quashing of the orders dated 22/30.07.2003, 18.11.2003 & 12.03.2004 (Annexures P5, P6 & P15, respectively) vide which his pay has been re- fixed and a consequential recovery of Rs.33099/- is sought to be effected. (2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter-reply/affidavit. It is nowhere averred by the respondents that the 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, CWP No.6072 of 2004.doc - 2 – 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 the impugned orders dated 22/30.07.2003, 18.11.2003 & 12.03.2004 (Annexures P5, P6 & P15, respectively) to the extent ordering recovery from the petitioner are hereby quashed. The respondents are directed to refund the amounts if any 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. 12.07.2011 vishal shonkar (SURYA KANT) Judge