Ram Asra vs Punjab State Power Corporation Ltd. and Others

Augustine George Masih, J.—Written statement on behalf of Respondents No. 1 to 3 has been filed in Court. The same is taken on record and a copy thereof has been given to the Counsel for the Petitioner.

Challenge in the present writ petition is to the order dated 17.09.2010 (Annexure P-2), vide which Chief Engineer/O and M GGSSTP Roopnagar has withdrawn the benefit of 23rd year Advance Promotional Increment (s) granted to the Petitioner with retrospective effect and has further ordered the recovery to be effected from the Petitioner.

Counsel for the Petitioner has raised a very short argument that before passing the order dated 17.09.2010, the Petitioner has neither been given notice of show cause nor has been heard, thus, violating the principle of natural justice and the principle of audi alteram partem.

This argument, as raised by the Counsel for the Petitioner, could not be controverted by the Counsel for the Respondents.

In view of the above, order dated 17.09.2010, which has been passed in violation of the basic principle of natural justice, cannot be sustained and is hereby quashed. In case, any recovery has been effected from the Petitioner in pursuance of the order dated 17.09.2010 (Annexure P-2), the same be paid to the Petitioner within a period of two months'' from today. In the light of the quashing of order dated 17.09.2010, the present writ petition deserves to be allowed.

Ordered accordingly.

Liberty is, however, granted to the Respondents to follow the principle of natural justice and pass a fresh order, if so required, in accordance with law.