STATE OF PUNJAB AND ANOTHER Vs. HAZURA SINGH

JUDGEMENT

(1.) This is regular second appeal against the judgment and decree passed by learned lower appellate Court vide which appeal of the respondent-Hazura Singh (plaintiff) has been accepted.

(2.) As per facts of this case, respondent-Hazura Singh initially joined as temporary Mate with the appellants and thereafter in the year 1975 his services were made permanent. The appellants vide their letter dated 30.10.1984 ordered for deduction of an amount of Rs.1200/- from his salary which gave him cause of action to file suit for permanent injunction restraining the defendants from making any deduction from his salary. Suit of the plaintiff was dismissed by the trial Court, however, in appeal findings have been reversed by holding that the respondent was not given an opportunity of being heard and as such the deduction made by the appellants without affording opportunity to its employee was bad in law. However, the department was given a liberty to make an inquiry afresh by giving full opportunity to the employee to explain his case. Aggrieved from this order the Department has come in appeal.

(3.) The following substantial question of law is framed in this case. Whether the Government is entitled to recover from an employee any payment made in excess he was otherwise entitled to on account of any mistake or bona fide where the employee concerned is not guilty of any fraud