Vineet Saran, J. - (1.) THE Petitioner was Constable in the P.A.C. He was involved in a criminal case in the year 1973 and consequently on 10.9.1973 he was removed from service on account of the said criminal case. Then on 21.12.1992, the Petitioner and other constables of the P.A.C. were acquitted in the said criminal case. Thereafter, when the Petitioner was not reinstated in service, he filed writ petition No. 14531 of 1997, which was allowed. Consequently on 14.3.1998, the Petitioner was reinstated in service with effect from 10.9.1973 with all service benefits, including back wages. Pursuant thereto, the Petitioner was given the benefit of the said order and he was paid the entire back wages. Then after more than two years, the Respondent No. 3 passed an order for recovery of the amount paid to the Petitioner for the period 10.9.1973 till the date of actual joining. Consequently, the impugned order was passed on 27.5.2000 directing the recovery of the amount paid to the Petitioner. Aggrieved by the aforesaid order the Petitioner has filed this writ petition.
(2.) HEARD Sri R.N. Tripathi, learned Counsel for the Petitioner as well as learned Standing Counsel appearing for the Respondents and have perused the record. It is not the case of the Respondents that they have withdrawn order dated 14.3.1998 by which the Petitioner had been reinstated in service with effect from 10.9.1973, with full back wages, in pursuance of which payment of back wages was made to the Petitioner. It is also not case of the Respondents that the Petitioner had played fraud or made any misrepresentation because of which such payment was made to the Petitioner. Even otherwise, the impugned order of recovery has been passed without issuing any notice or opportunity of hearing to the Petitioner. Once a benefit is given to a party, the same can be withdrawn only after following the principles of natural justice, which has not been done in this case.
(3.) IN the aforesaid circumstances, the impugned order for recovery of the amount paid to the Petitioner does not appear to be justified and it is liable to be quashed.;