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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Prem Chand – Appellant
Versus
Punjab State Power Corporation Limited – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
CM-5549-CWP-2024
Prayer in the instant application filed under Section 151 of CPC is for placing on record replication to the written statement filed by respondents along with document (Annexure P-24).
Allowed as prayed for subject to all just exceptions.
CWP-19379-2017 (O&M)
1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the Office Order dated 19.11.2015 (Annexure P- 12) whereby the sanction granted to the petitioner for changing his induction post from Test Mechanic to JE/Testing was cancelled and for quashing the impugned reply dated 27.04.2017 (Annexure P-19) rejecting the legal notice and the impugned order of recovery dated 10.08.2017 (Annexure P-20). Further a writ of mandamus has been sought, directing the respondents to restore the induction post from Test Mechanic to JE/Testing as sanctioned to the petitioner in the year 2010 with all consequential benefits and refund of the recovered amount.
2. Learned counsel for the petitioner, inter alia, contends that the action of the respondents in cancelling the sanction for change of inducti
The court emphasized that recovery is impermissible due to the mistaken action taken by the authority, particularly when the executive instructions cannot have any retrospective effect.
Couty of the considered view that the impugned order dated 27.11.2017 is wrong, illegal and arbitrary, as it does not have the backing of any rule or applicable service condition behind it.
Recovery of excess payments from employees is impermissible if there is no misrepresentation or suppression of facts, especially when nearing retirement.
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