C.W.P. No.13104 of 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.13104 of 1991 Date of Decision: 09.12.2010 Sh. R.K. Uppal (died) through LRs ……Petitioner Versus State of Haryana and others ……Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: None for the petitioner. Mr. Amit Kumar, D.A.G., Haryana. 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? AJAY TEWARI, J. (ORAL) Despite the fact that a note was given in the list informing Mr. Kapil Sharma, Advocate about the listing of this case no one has entered appearance. By this petition the petitioner has challenged the order dated 07.08.1990 whereby recovery of Rs.1,71,302.10 paise has been ordered against the petitioner and one annual increment has been withheld with cumulative effect. In the replication the petitioner has further pointed C.W.P. No.13104 of 1991 -2- out that as per the statement issued by the respondents itself the shortage was only to the tune of Rs.1,24,288.70/- and thus ex-facia excessive recovery had been made. This aspect has not been replied in the rejoinder to the replication. Consequently, this Court has no option but to accept that the recovery of Rs.1,71,302.10 paise – Rs.1,24,288.70 paise i.e. Rs.47013.40/- is excessive. Apart from this, learned Deputy Advocate General, Haryana has accepted that the punishment of withholding of one increment with cumulative effect is a major punishment and could not have been imposed without regular inquiry. Admittedly no regular inquiry was held. In the circumstances, this petition is allowed. The order dated 07.08.1990 withholding one increment of the petitioner with cumulative effect is set aside. Liberty is however granted to the respondents to initiate regular inquiry in the matter, in case it is so desired. However, the recovery as indicated above may be effected. Accordingly, the writ petition is disposed of. ( AJAY TEWARI ) December 09, 2010 JUDGE ashish