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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Baljeet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. Vide this common order, I intend to dispose of CWP Nos. CWP-18410-2015, CWP-7381-2018 and CWP-11319-2016, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CWP-18410-2015.
2. PRAYER
2.1. Prayer in the writ petition (CWP-18410-2015) filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the impugned order dated 26.6.2015 (Annexure P-20), whereby the recovery of Rs.8,21,263/- has been ordered to be recovered from the salary of the petitioner and for quashing the impugned orders dated 22.7.2014 (Annexures P-12 and P-13 respectively) whereby the pay-scale of the petitioner has been re-fixed/reduced w.e.f. 1987 and 1996 respectively, on the false ground that in separate CWPs No.1267 of 1999 and CWP No.9718 of 2000, this Court has passed orders for re-fixing the seniority even when no order of recovery was ever passed by this Court. Another prayer has been made to issue interim direction for staying the operation and effect of the impugned order dated 26.06.2015 (Annexure P-20), whereby the recovery of Rs.8,21,263/-
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
The court emphasized that recovery of excess payments from Group-D employees is impermissible, and actions taken without due process violate principles of natural justice.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
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