RETIRED HC BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, who is a retired Head Constable, seeks quashing of the orders dated 23.04.2010 and 02.07.2010 (Annexure P2 & P4, respectively) vide which the benefit of ACP/Proficiency Step-up earlier granted to him has been withdrawn and consequential recovery of Rs.1,33,390/- ordered. He also seeks grant of pay-scale of Rs.3120-6200/- in the light of the instructions dated 24.08.2000/22.09.2000 (Annexure P7).

(2.) NOTICE of motion was issued and pursuant thereto, the respondents have filed their counter-reply/affidavit. It is nowhere averred by the respondents that the petitioner misled the authorities or played any fraud or deceived them to secure the undeserving monetary benefit(s).

(3.) APPLYING the ratio decidendi of the Full Bench decision in Budh Ram & Others vs. State of Haryana & Others, 2009(3) PLR 511 as well as the decision by the Hon'ble Supreme Court in Registrar, Cooperative Societies Haryana and others v. Israil Khan and others, (2010) 1 SCC 440, I am of the considered view that no recovery can be effected from the petitioner.