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2025 Supreme(Online)(P&H) 11789

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
UNION OF INDIA AND OTHERS – Appellant
Versus
BIHARI LAL AND ANOTHER – Respondent


IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:17.03.2025 Union of India and others …Petitioners Versus Bihari Lal & another …Respondents CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present:- Mr. Mohit Garg, Advocate appearing for Ms. Ashima Mor, Advocate, for the petitioners.

* * * *

SANJEEV PRAKASH SHARMA J.(Oral)

The present writ petition has been filed assailing the order dated

08.07.2024 (Annexure P-1) passed by the Central Administrative Tribunal, Chandigarh (for short, ‘CAT’) in the OA No.60/1454/2018 whereby the CAT has reached to the findings that the order of recovery from the salary of the applicant (respondent No.1 herein) was made without effecting opportunity of hearing to him.

2. It is an admitted position that respondent No.1 is a Class-III employee and relying on the judgment passed by the Supreme Court in State of Punjab and others vs. Rafiq Masih (White Washer) etc. AIR 2015 SC (Civil) 939, the CAT has directed for refund of the wrongful recovery made from respondent No.1.

3. Learned counsel appearing for the UOI submits that once the recovery has already been effected the judgment of Rafiq Masih (supr

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