CWP No.1782 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.1782 of 2010 Date of Decision: 02.03.2010 **** Subhash Chander Singla . . . . . Petitioner VS. State of Punjab and others . . . . . 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. Amrik Singh, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner, who is working as a Sub Divisional Engineer in the Irrigation Department, Government of Punjab, seeks quashing of the orders dated 13.09.2007 & 29.12.2009 (Annexure P1 & P3, respectively) vide which his pay has been reduced/refixed after withdrawal of the benefit of Proficiency Step-up and ACP and consequential recovery is sought to be effected from his pay. (2). The petitioner’s further grievance is that no show cause notice was served upon the petitioner before passing the impugned orders. (3). I have heard learned counsel for the parties at some length and perused the impugned orders and other material on record. CWP No.1782 of 2010.doc - 2 – (4). Suffice it to observe that the impugned orders have serious civil consequences as the same not only entail recovery from the petitioner but have reduced his pay. The impugned action could not have been taken against the petitioner without any show cause notice to him. (5). For the reason afore-stated, the impugned orders dated 13.09.2007 & 29.12.2009 (Annexure P1 & P3, respectively) cannot sustain in law and are hereby quashed with the following directions:- i. the respondents shall issue a show cause notice, if so required, to the petitioner disclosing the reason(s) for withdrawal of the benefits earlier granted to him; ii. the petitioner shall be granted four weeks’ time to submit his reply, if any; iii. the competent authority shall thereafter pass a speaking order in accordance with the Government Policy/rules and the decisions of this Court relied upon by both the sides; iv. The final decision shall be taken within a period of four months from the date of receipt of submission of the reply to the show cause notice; (6). Needless to say that should the petitioner’s explanation find favour with the competent authority, in that event his pay shall be suitably refixed and consequential arrears, if CWP No.1782 of 2010.doc - 3 – any, shall also be paid to him within a period of three months from the date of such determination. (7). However, keeping in view the fact that the petitioner does not appear to have misled the authorities nor has misrepresented the facts and since no fraudulent or deceptive motive for gaining any monetary benefit has been attributed to him in the impugned orders, I am of the considered view that no recovery ought to be effected from him, as ruled by the Full Bench in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511. (8). The writ petition is accordingly allowed; the orders qua recovery of the excess payment of the Proficiency Step-up are hereby quashed. Recovery, if any, already effected, shall be refunded to the petitioner within a period of four months from the date of receipt of certified copy of this order. However, the petitioner shall continue to draw his salary as per the refixed/reduced pay subject to the final decision that the competent authority shall take pursuant to the show cause notice to be served on him. (9). Since the respondents have not filed any counter- reply/affidavit, it is clarified that if, on verification of the records, it is found that the petitioner had actually misrepresented the facts and/or had obtained the monetary benefit through fraud or deception, the CWP No.1782 of 2010.doc - 4 – respondents shall be at liberty to seek review of this order qua the recovery part within a period of six months from the date of receipt of a certified copy of this order. (10). Ordered accordingly. (11). Dasti . (SURYA KANT) JUDGE 02.03.2010 vishal shonkar