AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) After hearing learned counsel for the parties at length, we are of the view that the impugned order dated 26.4.2004, Annexure P-6, whereby a recovery of Rs. 2,11,049/- is sought to be effected from the petitioner for the reason that he was allegedly paid excess salary for the period from 19.10.1995 to 31.10.2003, cannot sustain in law. Undisputedly, that the aforementioned order entails civil consequences, therefore, could not have been passed without complying with the rules of natural justice. Had there been a show-cause notice to the petitioner, it is possible that he could have persuaded the authorities for not effecting any recovery even if his pay was required to be reduced on refixation. The petitioner might have convinced the authorities that neither he misled them nor concealed the material facts or played any fraud for getting a higher pay scale and if it was granted on an erroneous interpretation of the rules/policy by the authorities themselves, he should not be made to suffer. By denying the opportunity of being heard, the petitioner, thus, has been deprived of a valuable right.

(2.) We, therefore, allow this writ petition to the extent that the impugned order dated 26.4.2004, Annexure P-6, is quashed with liberty, however, to the respondents to pass a fresh order in accordance with law.