Civil Writ Petition concerning a recovery order against a retired government employee. The petitioner had an interim stay. Both sides agreed the matter fell under a prior Full Bench judgment. The court allowed the petition and quashed the impugned order.
The petition is allowed and the impugned recovery order is quashed.
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Civil Writ Petition No.13421 of 1994 Date of Decision : 04.11.2011
Smt. Devinder Kaur
.....Petitioner.
Versus
The State of Punjab and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE RAJIV NARAIN RAINA.
Present:Mr. Rahul Sharma, Advocate for the petitioner.
Ms. Sonu Chahal, Sr. D.A.G., Punjab.
Rajiv Narain Raina, J. (Oral)
Heard counsel for the parties.
The issue relates to a recovery order impugned in the petition. The petitioner is stated to have retired from service on 31.12.2001. There is an interim order dated 22.09.1994 staying recovery, in favour of the petitioner. It is not disputed that the petitioner has not misrepresented or concealed any facts or practised any deceit.
Both the learned counsel for the parties agree that the matter is covered by a recent Full Bench judgment of this Court in Budh Ram Vs.
State of Haryana 2009 (3) SCT 333.
The petition is accordingly allowed and the impugned order stands quashed.
(RAJIV NARAIN RAINA) JUDGE
04.11.2011 sonika
1 issue framed by the court
Whether the impugned recovery order against a retired pensioner, who has not misrepresented or concealed facts, should be quashed in light of *Budh Ram*.
Colour shows how this judgement treated each authority
Budh Ram Vs. State of HaryanaFollowed¶15
_Budh Ram Vs. State of Haryana 2009 (3) SCT 333._
Smt. Devinder Kaur
The State of Punjab
Rajiv Narain Raina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
