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JASGURPREET SINGH PURI
Ajay Kumar – Appellant
Versus
Uttar Haryana Bijli Vitran Nigam Ltd – Respondent
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a suitable writ, order or direction especially in the nature of mandamus directing the respondents to refund approximately an amount of Rs. 1,50,000/- to the petitioner, which was deducted from his salary without issuing him any show cause notice.
2. The brief facts of the present case are that the petitioner was appointed as ALM by the respondent-Nigam on 30.10.2012 and thereafter, the respondent-Nigam promoted him as Lineman vide office order No.195 dated 19.05.2015 on the basis of District wise merit list. However, after a period of five years, the respondent-Nigam found that the petitioner was wrongly promoted because at that point, he was not in the merit list and therefore, issued him a notice as to why he should not be reverted. The show cause notice was issued to the petitioner dated 16.01.2020 and on 29.01.2020, the petitioner vide Annexure R-1 was reverted back to the post of ALM. However, for the aforesaid period of five years, the petitioner kept on working on the post of Lineman. The grievance of the petitioner is th
Recovery of salary without notice violates natural justice principles; promotion by employer cannot be reversed without due process.
Opportunity to be heard and prejudice to the petitioner are essential considerations in matters of recovery of excess salary.
Recovery of excess payments from retired employees without due process violates natural justice principles, as established in Rafiq Masih's case.
Recovery of excess payments from retired employees is impermissible unless fraud or misrepresentation is established, as reaffirmed by the Supreme Court.
Erroneous fixation of pay or pension can be corrected, but recovery after retirement causing hardship is not sustainable without evidence of misrepresentation or written undertakings.
The court held that actions with civil consequences must follow principles of natural justice, including providing notice and an opportunity to be heard.
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