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2006 DIGILAW 2630 (PNJ)

Narinder Singh v. State Of Punjab

2006-07-10

body2006
Judgment 1. This petition has been directed against the recovery order dated 21.10.2003 (Annexure P-8) whereby the post-retiral benefits as admissible to the petitioners have been adversely reduced and recovery of some alleged excess payments is sought to be made. 2. The petitioners retired as Constables from the Punjab Police. On retirement, their pension was fixed and other retiral benefits were also released by respondent No.4. While the petitioners were receiving their pension as fixed earlier, they received communications like dated 31.10.2003 (Annexure P-8) which is addressed by 4th respondent to respondent No.5. A perusal thereof indicates that there has been some correspondence between the 4th and the 5th respondents and upon objections raised by the latter, respondent No.4 refixed the pay of the petitionrs vide the above-stated communication. As a result of said re-fixation of pay, the retiral benefits of the petitioner were also adversely affected. In addition, recovery of the alleged excess payments made to them in the past, were also sought to be effected. Aggrieved, the petitioners have approached this court. 3. Notice of motion was issued and in response thereto written statement has been filed on behalf of the respondents alleging, inter alia, that earlier the petitioners pay was wrongly fixed by mistake which has since been rectified. 4. It is, however, the conceded position that neither any showcause notice was served upon the petitioners nor they were heard before passing the impugned orders. There can hardly be any dispute that on account of the orders under challenge, the petitioners have been adversely effected. Apart from reduction in their retiral benefits, recoveries are also sought to be effected from them. It is well settled that such like orders which visit a person with penal consequences, could not have been passed without observing the principles of natural justice. 5. Consequently, the writ petition is allowed. The impugned order dated 21.10.2003 (Annexure P-8) as well as such like orders served upon other petitioners are quashed, however, with liberty to the respondents to pass fresh orders after hearing the petitioners and in accordance with law. Disposed of.