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2003 DIGILAW 50 (PNJ)

Sudesh Kumar Agnihotri v. State Of Punjab

2003-01-13

HEMANT GUPTA, S.S.NIJJAR

body2003
Judgment S.S.Nijjar, J. 1. We have heard counsel for the petitioner at length and perused the paper book. 2. The petitioner had filed CWP No. 9772 of 1999 claiming reimbursement of the medical expenses incurred by the petitioner on his treatment. The aforesaid writ petition was decided on 16.11.1999 on the statement of the Additional Advocate General, Punjab to the effect that the remittance of the medical expenses had been made. The Division Bench further observed that claim for interest on the alleged delayed payment cannot be entertained in case of medical reimbursement. In the aforesaid writ petition, the claim of the petitioner was in the sum of Rs. 1,79,868/-. The aforesaid amount was duly sanctioned and paid. Subsequently, the petitioner had received order dated 20.5.2000, Annexure P-5 in which it is stated that the petitioner was entitled to claim only a sum of Rs. 1,29,504.00. So, the amount of Rs.50,364/- is to be recovered, in the present writ petition, the aforesaid order, Annexure P-5 has been challenged. 3. It is submitted that after this Court had finally decided CWP No. 9772 of 1992 by order dated 16.9.1999, no further proceedings could be taken for the recovery of the alleged excess amount. It is further submitted that even if the respondents are entitled to recover the alleged excess amount this can only be permitted to be done after the respondents comply with the rules of natural justice. No recovery could be ordered without issuing a show-cause notice to the petitioner and giving him opportunity to prove that the amount originally claimed and granted was the correct amount. We find substance in the submissions made by the learned counsel for the petitioner to the effect that order, Annexure P-5 reducing the admissible amount of Rs.1,29,504/- could not have been passed without complying with the rules of natural justice. 4. In view of the above, the writ petition is allowed. Order annexure P-5 dated 20.5.200 is hereby quashed end set aside. The respondents are at liberty to effect the recovery from the petitioner after complying with rules of natural justice and giving adequate opportunity of hearing to the petitioner. No costs.