Rajesh Singh Chauhan,J. - (1.) Heard.
(2.) By means of this petition, the petitioner has prayed for quashing the order dated 10.5.2021 (Annexure No.1) passed by opposite party no.5 relating to recovery of amount of Rs.6,59,139.00 from his post retiral benefits/ pension.
(3.) This Court has passed order dated 28.7.2021 as under:- "Heard Sri Sajeet Singh, learned counsel for the petitioner and learned Standing Counsel for the State. This Court vide order dated 14.7.2021 granted ten days' time to State to seek complete instructions. Today, learned Standing Counsel has again requested some more time to seek instructions. Learned counsel for the petitioner has pressed urgency in the matter by submitting that this is a case wherein the substantial amount have been recovered from the petitioner after his retirement more so without providing any opportunity of hearing to that effect. He has also submitted that the petitioner being Class-III employee may not be subjected to the impugned action in the light of ratio laid down by the Hon'ble Apex Court in re: State of Punjab and others vs. Rafiq Masih , 2015 4 SCC 334. Prima facie, the impugned order appears to be unwarranted and against the dictum of Hon'ble the Apex Court in re: Rafiq Masih (supra) but since one more opportunity has been sought by the learned Standing Counsel, therefore, a week's and no more time is granted to State to seek complete instructions in the matter. List this case on 4.8.2021 as fresh. On the next date, the writ petition may be decided finally on the basis of instructions and material available on record." ;