CWP No.4824 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.4824 of 2010 (O&M) Date of Decision: 09.11.2010 **** Ravi Bhushan Garg . . . . Petitioner VS. Punjab State Electricity Board & 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. Arvind Kashyap, Advocate for the petitioner Mr. JS Mehndiratta, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner retired from the post of Divisional Superintendent in the respondent-Board on attaining the age of superannuation w.e.f. 31.08.2009. He seeks quashing of the order dated 02.09.2009 (Annexure P3) to the extent or ordering recovery of `90188/- from his Leave Encashment on withdrawal of the time bound promotional scale allegedly granted to him erroneously on completion of 16 years’ of service. (2). The respondents have filed their counter- reply/affidavit defending the impugned action. CWP No.4824 of 2010.doc - 2 – (3). It is, however, no-where alleged by the respondents in their reply that the petitioner misrepresented the facts; played any fraud or deceived the authority in order to secure any undeserving monetary benefits. (4). That being the state of affairs, no recovery can be allowed to be effected from the petitioner as ruled by a Full Bench of this Court in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as well as by the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440. (5). The writ petition is accordingly allowed in part; the impugned action of the respondents effecting `90188/- is hereby quashed. The withheld/recovered amount is directed to be refunded to the petitioner within a period of three months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. 09.11.2010 vishal shonkar (SURYA KANT) JUDGE