Leela Devi vs Punjab State Electricity Board and Others

Surya Kant, J.—The petitioner was an Upper Division Clerk in the respondent-Board and he seeks quashing of the impugned action

whereby recovery is sought to be affected on account of the alleged erroneous grant of time bound promotional scales to the petitioner.

The respondents have filed their counter-reply/affidavit defending the impugned action.

It is, however, no-where alleged by the respondents in their reply that the petitioner misrepresented the facts; played any fraud or deceived the

authority in order to secure any undeserving monetary benefits.

That being the state of affairs, no recovery can be allowed to be effected from the petitioner as ruled by a Full Bench of this Court in Budh Ram

& Others vs. State of Haryana & Others, 2009 (3) PLR 511 as well as by the Hon''ble Supreme Court in Registrar, Co-operative Societies

Haryana Vs. Israil Khan and Others, .

The writ petition is accordingly allowed in part; the impugned action is hereby quashed. The withheld/recovered amount, if any, is directed to be

refunded to the petitioner within a period of three months from the date of receipt of a certified copy of this order.

Ordered accordingly. Dasti.