CWP No.16503 of 2007.doc -1-
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
****
CWP No.16503 of 2007 (O&M)
Date of Decision: 09.11.2010
****
Leela Devi . . . . 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. PS Mattewal, Advocate for the respondents
*****
SURYA KANT J. (ORAL)
(1). The petitioner was an Upper Division Clerk in the
respondent-Board and he seeks quashing of the
impugned action whereby recovery is sought to be
effected on account of the alleged erroneous grant
of time bound promotional scales to the petitioner.
(2). The respondents have filed their counter-
reply/affidavit defending the impugned action.
CWP No.16503 of 2007.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 is hereby quashed. The
withheld/recovered amount, if any, 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 (SURYA KANT)
vishal shonkar
JUDGE
