AI Structured Summary
Not yet generated for this judgment
Judgment
IA No.2026/2017.
The present application has been filed by the petitioner inter
alia seeking early hearing of the case.
Mr. Vyas submits that the controversy in question is squarely
covered by a judgment of the Supreme Court in case of State of
Punjab Vs. Rafiq Masih (White Washer) reported in (2015) 4 SCC
334 and recent judgment of this Court in the matter of Mukun
Singh Rajpurohit Vs. State & Ors. being S.B. Civil Writ Petition
No.5553/2014 decided on 12.04.2017.
For the reasons stated in the application, the same is
allowed.
With the consent of the both the parties, the matter is taken
up for consideration today itself.
Mr. S.K.M. Vyas submits that the order dated 13.03.2012
seeking to a sum of Rs.84,425, on the ground of erroneous
fixation and the consequential recovery of amount of Rs.84,425/-
is illegal, arbitrary and contrary to the judgment of the Supreme
Court rendered in the matter of State of Punjab Vs. Rafiq Masih
and recent judgment of this Court in the matter of Mukun Singh
Rajpurohit Vs. State & Ors. being S.B. Civil Writ Petition
No.5553/2014 decided on 12.04.2017.
Mr. Sunil Purohit, counsel for the respondent, despite his
efforts has not been able to point out any distinction in the
present case.
As such the writ petition is allowed. The order impugned
dated 13.03.2012, recovering the amount from the petitioner is
quashed and set aside. The amount in dispute Rs.84,425/-
recovered from the petitioner on 30.03.2012 be refunded to him
within a period of two months from today, along with interest @
9% per annum from the date of recovery.
Needless to observe that the order impugned has been
quashed and set aside only in relation to recovery of the amount
already paid to the petitioner. Since the petitioner has not
challenged the prayer No.2 in relation to re-fixation, the refixation
as done, vide order dated 12.03.2012 shall remain in force.
Writ petition allowed in part.