VINOD KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was granted proficiency step up w.e.f. 01.05.1993, 01.05.1996 and 01.01.1996 vide office orders dated 23.03.1997, 29.6.1999 and 18.07.2006. However, the same has been withdrawn vide office order dated 8th October, 2009 (Annexure P -3). Admittedly, the petitioner has not been heard before the issuance of Annexure P -3, dated 8th October, 2009. Petitioner has neither misled nor played any fraud upon the respondents at the time of issuance of office orders, mentioned hereinabove. He ought to have been heard before the issuance of Annexure P -3, dated 8th October, 2009.

(2.) THEIR Lordships of the Hon'ble Supreme Court in Syed Abdul Qadir and others versus State of Bihar and others, (2009) 3 SCC 475 have culled out the following principles governing the circumstances in which the excess amount cannot be recovered by the employer: