Two writ petitions raising similar issues regarding recovery of monetary benefits from employees were disposed of together. Relying on an earlier order in Surinder Singh, the court noted recovery was ordered without notice and disposed of the petitions in those terms.
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Harbail Singh and Others State of Punjab and Others Balwinder Singh and Others
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, � These cases involve similar issues and therefore, are being disposed of together by this common judgment.
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“Mr. Ram Krishan, Deputy Director of the respondent is present. It is stated that as per record available with him, no notice
MOHIT 2024.05.23 17:51 I attest to the accuracy and authenticity of this order/judgment
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was given to the petitioners before passing the impugned order. In other words, recovery was ordered to be effected without complying with the basic principle of natural Justice.
Learned counsel for the petitioners contends that under the instructions, they were entitled to receive both the benefits. It is not necessary for this court to go into this question at this stage, as it is stated by the officer of the respondent that the petitioners were not given any notice before effecting the recovery. Thus, the respondents cannot be permitted to continue recovery on the basis of some instructions issued by the Commissioner more particularly when the case of the petitioners is that both the benefits accruing to them has not been withdrawn by any valid or proper notification. Resultantly, the respondents are restrained from effecting any recovery.
The respondent shall give notice to the petitioners within four weeks from today. Reply, if any. thereto shall be filed by the petitioners within two weeks thereafter. Thereupon, respondent shall pass the speaking order and send the copy thereof by registered post to the petitioners. The respondents will be free to decide the entire matter including the question whether the concession given to the petitioners has been withdrawn in accordance with law ог not. There shall be stay of recovery till the passing of the final order.
With the above directions, writ petition stands disposed of.”
4 . Learned State counsel has not been able to draw out any distinctive
aspects in the aforementioned judgment, in view of which, the present petitions are disposed of in terms Surinder Singh (supra).
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MOHIT 2024.05.23 17:51 I attest to the accuracy and authenticity of this order/judgment
1 issue framed by the court
Whether recovery of benefits could be effected from the petitioners without prior notice, in breach of natural justice?
Colour shows how this judgement treated each authority
Surinder Singh v. State of Punjab and OthersApplied¶4
Surinder Singh v. State of Punjab and Others
Harbail Singh and Others
State of Punjab and Others
Balwinder Singh and Others
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
