C.W.P.No. 18134 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P.No. 18134 of 2010 Date of Decision:-26.07.2011 Sukhdev Singh Petitioner VERSUS State of Punjab and others Respondents CORAM :HON'BLE Ms. JUSTICE RITU BAHRI. Present: Mr.Vikas Chatrath, Advocate, for the petitioner. Mr.Ram Lal Gupta, Additional Advocate General, Punjab. RITU BAHRI,J The petitioner seeks quashing of the order dated 30.10.2009(Annexure P-3) whereby recovery of Rs.70,799/- has been deducted out of gratuity payable to the petitioner amounting to Rs.3,50,000/-. Quashing of the impugned order (Annexure P- 3) is sought on the ground that the petitioner was not issued any show cause notice and no personal hearing was granted to him. Since there is no allegation of any fraud, misrepresentation or deception against the C.W.P.No. 18134 of 2010 2 petitioner in getting the monetary benefits, no recovery be effected from him in the light of the principles laid down by the full bench in Budh Ram and others Vs. State of Haryana and others, 2009(3) S.C.T.333. For the reasons afore-stated, the writ petition is allowed and the impugned order dated 30.10.2009 (Annexure P-3) to the extent of effecting the recovery of Rs.70,799/- from the petitioner's DCRG, is hereby quashed leaving it open for the respondents to issue a show cause notice to the petitioner, if his pay etc is required to be re-fixed, in accordance with the Rules and the Government/instructions/Policies. 26.07.2011 (RITU BAHRI) Anoop JUDGE