Ravinder Singh vs Prtc And Another
2022 Latest Caselaw 6335 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

216                                            CWP-1826-2017
                                               Date of decision : 07.07.2022
RAVINDER SINGH
                                                              ...... Petitioner
                          VERSUS

PRTC AND ANOTHER
                                                             ...... Respondents

CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
                ***

Present :-   Mr. Vikas Chatrath, Advocate
             for the petitioner.

             Mr. Anil Sharma, Advocate
             for the respondents.

                ***
HARSIMRAN SINGH SETHI, J. (Oral)

In the present petition, the challenge is to the order dated

04.06.2015 (Annexure P-1) by which, a recovery of Rs.1,57,031/- has been

ordered from the gratuity of the petitioner.

Learned counsel for the petitioner argues that the said order has

been passed without giving any opportunity of hearing to the petitioner as no

reason has been given as to on what account, the said recovery amount has

been calculated by the respondent and recovery is ordered against the

petitioner. Learned counsel for the petitioner argues that before any order is

passed reducing the pension, opportunity of hearing has to be given to an

concerned pensioner failing which, the order of reduction in pension cannot

be sustained in the eyes of law.

Learned counsel relies upon the judgment passed in CWP

No.16858 of 2017 decided on 25.01.2019 titled Shanti Devi Vs. State of

Punjab and others.

Learned counsel appearing on behalf of the respondents very

1 of 2

CWP-1826-2017 :2:

fairly submits that nothing has come on record to show that opportunity of

hearing was given to the petitioner before the impugned order dated

04.06.2015 (Annexure P-1) was passed. Learned counsel submits that the

respondent- Corporation will issue a show cause notice to the petitioner

giving the details and the reasons on account of which there is a proposal of

recovery to be done from the petitioner. After receiving the reply to the said

show cause notice if filed by the petitioner, appropriate speaking order will

be passed and in case it is found that the petitioner has valid justification, the

recovered amount will be refunded failing which, appropriate order will be

passed by the corporation giving the reasons for effecting the recovery from

the petitioner as undertaken by the learned counsel for the respondent-

Corporation.

Let appropriate show cause notice be issued to the petitioner

within a period of two months of the receipt of the copy of this order and

appropriate speaking order be passed on the said show cause notice keeping

in view the reply if any filed by the petitioner. It is made clear that the

recovered amount will be subject to the final outcome of show cause notice

which will be issued hereinafter. In case it is found that no recovery was to

be done from the petitioner in the facts and circumstances, the recovered

amount be returned to the petitioner immediately after the passing of the

order.

Disposed of accordingly.

                                            (HARSIMRAN SINGH SETHI)
                                                    JUDGE
07.07.2022
rimpal
             Whether speaking/reasoned          Yes
             Whether Reportable :               No



                                   2 of 2