Allowed

Ashok Kumar Sharda v. State of Punjab and Ors.

Punjab & Haryana HC12 Jul 2011CWP/6072/2004

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking quashing of orders refixing the petitioner's pay and ordering recovery of Rs. 33,099. The court quashed the recovery orders based on ratio of Budh Ram and Registrar Coop. Societies cases.

What did the court decide?

Impugned orders ordering recovery from the petitioner are quashed; respondents directed to refund amounts already recovered within three months.

Ashok Kumar Sharda Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2011)

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.6072 of 2004 (O&M) Date of Decision: 12.07.2011

Ashok Kumar Sharda

VS.

State of Punjab & Ors.

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. . . . Respondents

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CORAM : HON’BLE MR.JUSTICE SURYA KANT

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1. Whether Reporters of local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present: Mr. GS Sandhawalia, Advocate for the petitioner

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Ms. Charu Tuli, Sr. DAG Punjab

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SURYA KANT, J. (ORAL)

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(1). The petitioner seeks quashing of the orders dated 22/30.07.2003, 18.11.2003 & 12.03.2004 (Annexures P5, P6 & P15, respectively) vide which his pay has been refixed and a consequential recovery of Rs.33099/- is sought to be effected.

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(2). Notice of motion was issued and pursuant thereto, the respondents have filed their counter-reply/affidavit. It is nowhere averred by the respondents that the petitioner misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s).

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(3). Applying the ratio decidendi of the Full Bench decision in

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Budh Ram & Others vs. State of Haryana & Others,

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2 –

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CWP No.6072 of 2004.doc

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2009(3) PLR 511 as well as the decision by the Hon’ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440 , I am of the considered view that no recovery can be effected from the petitioner.

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(4). Consequently, the writ petition is allowed and the impugned orders dated 22/30.07.2003, 18.11.2003 & 12.03.2004 (Annexures P5, P6 & P15, respectively) to the extent ordering recovery from the petitioner are hereby quashed. The respondents are directed to refund the amounts if any already recovered from the petitioner within a period of three months from the date of receipt of a certified copy of this order.

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(5). Ordered accordingly. Dasti .

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12.07.2011

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vishal shonkar

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(SURYA KANT) Judge

Ashok Kumar Sharda v. State of Punjab and Ors.

Case brief

What is this about?

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Ashok Kumar Sharda v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

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