JUDGMENT :

Vishal Mishra, J.

With the consent of the learned counsel for the parties the matter is finally heard.

1. Being aggrieved by the action on the part of the respondents, whereby the recovery of excess amount paid to the petitioner is directed to be made without affording any opportunity of hearing to the petitioner. The action of the respondents is arbitrary and without jurisdiction and contrary to Article 14 and 16 of the Constitution of India and is also violative of the judgment passed by the Hon'ble Supreme Court in the case of State of Punjab Vs. Rafiq Masih (white washers) 2015 (4) SCC 334.

2. It is submitted that the petitioner was appointed on the post of Constable in the respondent-department in the year 1979. Thereafter he was promoted to Head Constable in the year 1986 and thereafter as APC in the year 2004 and thereafter as a Platoon Commander in the year 2011 and finally he was promoted to the post of Inspector in the year 2015. The respondent no. 3 has issued a order of recovery from the petitioner, but no notice of recovery or any opportunity of hearing was granted to him and money has been recovered from the post retiral benefits of the petitioner. After comple