KULDEEP SINGH Vs. STATE OF PUNJAB AND ANR

JUDGEMENT

(1.) This petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order Annexure P-1 dated 04.08.2010 to the extent it directs recovery from the petitioner.

(2.) Learned Counsel for the petitioner contends that pay of the petitioner has been re-fixed and, therefore, recovery has been ordered. Refixation of pay is accepted by the petitioner. Challenge is only to recovery. The petitioner did not play any fraud and did not misrepresent facts to enable refixation of pay and, therefore, the case would be covered by judgment rendered by Full Bench of this Court while dealing with Budh Ram and Ors. v. State of Haryana and Ors.,2009 3 PunLR 511.

(3.) Learned Counsel for the petitioner further states that the petitioner would be satisfied if the petition is disposed of in terms of decision of this Court rendered in CWP 697 of 2010 Kaur Chand v. State of Punjab and Ors. decided on 2.3.2010.