Baljeet Singh vs State Of Punjab And Ors on 10 March, 2026

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    Punjab-Haryana High Court

    Baljeet Singh vs State Of Punjab And Ors on 10 March, 2026

    CWP-18410-2015
    CWP-7381-2019
    CWP-11319-2016                                                    1
    
    
    
    
          IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH
    212
    
                                                Date of decision: 10.03.2026
    1. CWP-18410-2015 (O&M)
    
    Baljeet Singh
                                                                 ....Petitioner
                                       Versus
    The State of Punjab and others
                                                               ....Respondents
    
    2. CWP-7381-2019 (O&M)
    
    Ashok Kumar Sharma
                                                                 ....Petitioner
                                       Versus
    State of Punjab and others
                                                               ....Respondents
    
    3. CWP-11319-2016 (O&M)
    
    Narinder Pal Chopra
                                                                 ....Petitioner
                                       Versus
    
    Punjab Water Resources Management and Development Corporation
    
                                                               ....Respondent
    
    CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
    
    Present:    Mr. Padamkant Dwivedi, Advocate
                for Mr. Vishal Aggarwal, Advocate
                for the petitioner(s)
                in CWP-18410-2015 and CWP-11319-2016.
    
                Mr. Sandeep Siwatch, Advocate
                for the petitioner in CWP-7381-2019.
                (through video conferencing)
    
                Mr. Vikas Sonak, AAG, Punjab.
    
                Mr. Amit Singh Sethi, Sr. Advocate
                with Mr. Parminder S. Kaul, Advocate
    
    
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                 for respondents No.2 and 3 in CWP-18410-2015
                 for respondent No.2 in CWP-7381-2019
                 and for the respondent in CWP-11319-2016.
    
    HARPREET SINGH BRAR J. (Oral)
    

    1. Vide this common order, I intend to dispose of CWP

    Nos.CWP-18410-2015, CWP-7381-2018 and CWP-11319-2016, as

    SPONSORED

    common questions of law and facts are involved for adjudication. For

    the sake of convenience, facts are taken from CWP-18410-2015.

    2. PRAYER

    2.1. Prayer in the writ petition (CWP-18410-2015) filed under

    Articles 226/227 of the Constitution of India, is for issuance of a writ in

    the nature of certiorari, for quashing the impugned order dated

    26.6.2015 (Annexure P-20), whereby the recovery of Rs.8,21,263/- has

    been ordered to be recovered from the salary of the petitioner and for

    quashing the impugned orders dated 22.7.2014 (Annexures P-12 and P-

    13 respectively) whereby the pay-scale of the petitioner has been re-

    fixed/reduced w.e.f. 1987 and 1996 respectively, on the false ground

    that in separate CWPs No.1267 of 1999 and CWP No.9718 of 2000, this

    Court has passed orders for re-fixing the seniority even when no order

    of recovery was ever passed by this Court. Another prayer has been

    made to issue interim direction for staying the operation and effect of

    the impugned order dated 26.06.2015 (Annexure P-20), whereby the

    recovery of Rs.8,21,263/- has been ordered to be recovered from the

    salary of the petitioner, during the pendency of the present writ petition.

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    3. FACTS OF THE CASE

    3.1. The brief facts of the case are that the petitioner was

    initially appointed as a Clerk in the Punjab Water Resources and

    Development Corporation (formerly Punjab State Tubewell

    Corporation) on 20.01.1979 against a regular vacant post through the

    process of selection undertaken by the competent authority. The name of

    the petitioner had been sponsored by the Employment Exchange and he

    was selected by the Departmental Selection Committee headed by the

    Superintending Engineer. The services of the petitioner were regularized

    in the year 1983 w.e.f. 26.10.1982 vide order dated 19.04.1983

    (Annexure P-2). Thereafter, the Hon’ble Supreme Court, for the first

    time, made it mandatory for advertising all posts and the earlier practice

    of calling/requisitioning from Employment Exchanges on the basis of

    enrollment was stopped. The petitioner was appointed prior to the

    direction issued by the Hon’ble Supreme Court on the basis of his name

    being sponsored by the Employment Exchange. Subsequently, on

    17.02.1992, the petitioner was appointed/promoted and posted as Senior

    Clerk and placed in the pay scale of Rs.1200-2100/- w.e.f. 01.01.1986

    vide order dated 17.02.1992 (Annexure P-3). Later, the Standing

    Committee of the respondent/Corporation in its meeting held on

    25.06.1996 decided to re-regularize the services of the petitioner and

    other Clerks from the initial date of their appointment and accordingly,

    the petitioner was re-regularized w.e.f. 20.1.1979 as discernible from

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    Annexures P-4 and P-5, respectively. In the year 2004, the petitioner

    was further promoted to the post of Junior Assistant in the pay scale of

    Rs.1560-2640/- w.e.f. 20.01.1989 and the office order dated 21.06.2004

    (Annexure P-6) also reflected that the petitioner stood regularized w.e.f.

    from 20.01.1979. In the year 1999, one Darshana Sharma, who was

    senior to the petitioner in the cadre of Clerks had filed CWP-1267-1999,

    seeking correction of her seniority viz-a-viz other senior Clerks to her.

    Similarly, another Clerk namely Amarjit Kaur filed CWP-9718-2000,

    for correction of her seniority by claiming that her seniority had been

    wrongly fixed as compared to other Clerks, who were shown as senior

    to them. During the proceedings in those writ petitions, the respondent

    Corporation altered its stand and initiated an exercise for refixation of

    seniority of certain employees including the petitioner. Pursuant to the

    said exercise, the respondent/Corporation passed the orders dated

    22.07.2014 (Annexures P-12 and P-13, respectively) whereby the pay

    scale of the petitioner was re-fixed with retrospective effect on the basis

    of re-determination of seniority. At the time of grant of revised benefits,

    the petitioner was required to submit an undertaking to the effect that in

    the event of any excess payment being detected later on, the same

    would be liable to be recovered from him. Subsequently, a show cause

    notice dated 18.05.2015 was issued to the petitioner proposing recovery

    of Rs.8,21,263/- on account of alleged excess salary paid to him. In

    response thereto, the petitioner submitted the reply asserting that he had

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    actually discharged duties on the higher posts and recovery was

    impermissible in law. Despite the reply submitted by the petitioner, the

    respondents passed the impugned order dated 26.06.2015 (Annexure P-

    20) directing recovery from the salary of the petitioner. Aggrieved

    against the orders of refixation of pay and the consequential recovery,

    the petitioner has approached this Court by way of the present writ

    petition.

    4. SUBMISSIONS ON BEHALF OF THE PETITIONER

    4.1. Learned counsel for the petitioner has contended that the

    impugned orders are illegal, arbitrary and violative of the settled

    principles of law. It has been argued that the petitioner had been duly

    appointed against a regular post through a selection process and his

    services had been regularized long back with effect from the initial date

    of appointment. It is further submitted that the petitioner had actually

    worked on the higher posts and had discharged duties attached to those

    posts for several years and therefore, the salary drawn by him cannot be

    termed as excess payment warranting recovery.

    4.2. Learned counsel for the petitioner has further drawn the

    attention of this Court to the written statement filed by the respondent-

    Corporation in CWP-1267-1999 i.e. Darshana Sharma’s case and

    submitted that the respondents had themselves taken a categorical stand

    that the initial appointments of the Clerks were made against substantive

    posts available with the Corporation. It is contended that once the

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    appointment was made against a substantive vacancy, the service

    rendered from the date of initial appointment is liable to be counted for

    the purpose of seniority. Learned counsel for the petitioner has further

    submitted that during the course of the said proceedings, the

    respondent/Corporation changed its stand and placed on record a fresh

    decision through C.M. No.5611/12 of 2006, wherein it was stated that

    the earlier seniority lists dated 27.09.1991 and 14.01.1999 were

    defective as the ad hoc service of certain Clerks had been wrongly taken

    into account for the purpose of determining seniority. It is argued that

    the said proceedings were undertaken without affording any opportunity

    of hearing to the present petitioner, yet the respondents subsequently

    proceeded to re-fix his seniority and pay with retrospective effect. In

    support of his submissions, learned counsel for the petitioner has placed

    reliance upon the judgment rendered by the Hon’ble Supreme Court in

    Direct Recruit Class II Engg. Officers’ Association vs State of

    Maharashtra and others, 1990(2) SCC 715, to contend that where an

    appointment is made against a substantive vacancy in accordance with

    the rules, the service rendered from the date of initial appointment is

    liable to be counted for the purpose of seniority.

    4.3. Learned counsel for the petitioner further contends that the

    recovery sought to be effected from the petitioner is contrary to the law

    laid down by the Hon’ble Supreme Court in State of Punjab vs. Rafiq

    Masih and others, 2015(1) SCT 195 wherein it has been held that

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    recovery from employees belonging to Class-III and Class-IV

    categories, or where the excess payment has been made for a long

    period without any fault of the employee, is impermissible in law.

    Reliance is also placed on the judgements of the Hon’ble Supreme

    Court in Jagdish Prasad Singh v. State of Bihar 2024 AIR Supreme

    Court 3950 and Thomas Daniel v. State of Kerala 2022 SCC OnLine

    SC 536.

    4.4. Learned counsel for the petitioner has further argued that

    the petitioner was never a party to the earlier writ petitions relating to

    seniority and therefore any decision taken in those proceedings cannot

    adversely affect the rights of the petitioner. He has further submitted

    that the undertaking allegedly obtained from the petitioner was procured

    without disclosing the changed stand of the respondents and, therefore,

    the same cannot form the basis for recovery.

    4.5. Learned counsel for the petitioner has further contended

    that there is no fraud or misrepresentation on the part of the petitioner.

    He has further highlighted that it is not a case that some excess payment

    has been paid on account of some increment. The recovery is sought to

    be effected from the salary paid to the petitioner. Further, the petitioner

    was misrepresented by the respondent/Corporation in furnishing the

    undertaking on the pretext that a written statement supporting the cause

    of the petitioner has already been filed before this Court.

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    5. SUBMISSIONS ON BEHALF OF THE RESPONDENTS

    5.1. Per contra, learned Senior counsel for the

    respondent/Corporation has submitted that the controversy involved in

    the present writ petition stands settled in view of the earlier litigation

    pertaining to fixation of seniority in the cadre of Clerks of the

    respondent/Corporation. It is contended that in Darshana Sharma’s

    case (supra) the issue before this Court was whether the service

    rendered on ad hoc basis could be counted for the purpose of seniority

    and consequential promotion. However, in compliance with the

    directions issued by this Court in Darshana Sharma’s case (supra) as

    well as in Amarjit Kaur’s case (supra) (CWP-9718-2000), the

    respondent/Corporation undertook the exercise of recasting the seniority

    list of the concerned employees. Consequent upon the refixation of

    seniority, the pay scale and promotional benefits earlier granted to

    certain employees, including the petitioner, required re-determination

    and therefore, the impugned orders of refixation of pay and recovery

    have been passed. Learned Senior counsel for the

    respondents/Corporation has submitted that the issue involved in the

    present petition is no longer res integra. In support of the arguments, he

    has placed reliance upon the judgment rendered by the Division Bench

    of this Court in LPA-1176-2021 titled as Raghbir Kaur vs. Punjab

    Water Resources Management and Development Corporation Limited

    and others, decided on 18.11.2024, wherein while considering a similar

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    controversy, this Court upheld the action of the respondent/Corporation

    in effecting recovery on the basis of an undertaking furnished by the

    employee concerned. He has further relied upon the Full Bench

    judgment of this Court in Chamel Singh vs State of Haryana and

    another, 1995(1) RSJ 382, wherein it has been categorically held that

    ad hoc service per se cannot be counted to determine an appointee’s

    seniority in the cadre.

    5.2. Learned Senior counsel for the respondents/Corporation

    has further submitted that the recovery is legal and justified as the

    petitioner himself had furnished a specific undertaking by way of an

    affidavit dated 18.12.2006 (Annexure R-2/1). In the said undertaking,

    the petitioner explicitly agreed that if the decision in the pending writ

    petitions regarding seniority went against him, the

    respondent/Corporation would be entitled to recover any excess amount.

    He has further argued that since the benefit was “conditional,” the

    protection of Rafiq Masih‘s case (supra) does not apply.

    5.3. At this stage, learned counsel for the

    respondents/Corporation submits that he is not in a position to

    controvert the fact that after recasting the seniority of the petitioner, he

    was reverted to lower post.

    6. CONSIDERATION

    6.1. I have heard learned counsel for the parties and perused the

    record of the case with their able assistance.

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    7. FINDINGS OF THE COURT

    7.1. The primary question which arises for consideration in the

    present case is whether recovery of alleged excess salary can be effected

    from the petitioner on the basis of refixation of seniority and pay scale,

    particularly when the petitioner had actually discharged duties on the

    higher posts.

    7.2. It is not in dispute that the petitioner was initially appointed

    in the year 1979 through a selection process and his services were

    regularized in the year 1983. It is also an admitted position that the

    petitioner had worked on the promoted posts and had discharged the

    functions related to those posts for several years.

    7.3. There is nothing on record to suggest that the petitioner had

    played any fraud or misrepresentation in the alleged wrong fixation of

    seniority or pay.

    7.4. The Hon’ble Supreme Court in Rafiq Masih‘s case (supra)

    has clearly held that recovery of excess payment from employees

    belonging to lower cadres, or recovery relating to payments made for a

    long period of time without any fault of the employee, would be

    impermissible in law. The relevant extract of the said judgment, reads as

    follows:

    12. “….It is not possible to postulate all situations of
    hardship, which would govern employees on the issue of
    recovery, where payments have mistakenly been made by
    the employer, in excess of their entitlement. Be that as it
    may, based on the decisions referred to herein above, we
    may, as a ready reference, summarise the following few

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    situations, wherein recoveries by the employers, would be
    impermissible in law:

    (i) Recovery from employees belonging to Class-III
    and Class-IV service (or Group ‘C’ and Group ‘D’
    service).

    (ii) Recovery from retired employees, or employees
    who are due to retire within one year, of the order of
    recovery.

    (iii) Recovery from employees, when the excess
    payment has been made for a period in excess of five
    years, before the order of recovery is issued.

    (iv) Recovery in cases where an employee has
    wrongfully been required to discharge duties of a
    higher post, and has been paid accordingly, even
    though he should have rightfully been required to
    work against an inferior post.

    (v) In any other case, where the Court arrives at the
    conclusion, that recovery if made from the employee,
    would be iniquitous or harsh or arbitrary to such an
    extent, as would far outweigh the equitable balance
    of the employer’s right to recover.

    7.5. Further, a Full Bench of this Court in Budh Ram and

    others vs. State of Haryana and others in CWP No.2799 of 2008

    decided on 22.05.2009 dealt with the issue of recovery of excess

    payment made to an employee in extenso. It was held that while the

    same can be allowed in case of fraud or misrepresentation resulting in

    disbursement of more than the deserved amount, however, when there is

    no element of deception on part of the employee, it would be

    inequitable to effect recovery. Speaking through Justice T.S. Thakur, the

    following was held:

    “Cases involving recovery of benefits received by the
    employees on account of misrepresentation or erroneous
    application of rules, regulations, circulars or instructions
    issued by the Government have often come up before the
    Courts including the Apex Court. The consistent view taken

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    as regards the recovery of such benefits erroneously
    extended to the employees without the employee being, in
    any way, guilty of any fraud, misrepresentation or deception
    is that such recovery would be unfair inequitable and
    against justice and good conscience. In Bihar State
    Electricity Board and another Vs. Bijay Bahadur and
    another, 2000 (10) SCC 99, even when their Lordships
    recorded a finding that the employee did not possess the
    requisite qualification for the benefit granted to him and was
    not, therefore, entitled to any relaxation of the Rules held that
    it would be against the concept of fairness, equity, justice and
    good conscience to recover the amount received by him in
    consequence of the benefit granted to him. Concurring with
    the observations made by their Lordships’ in Sahib Ram’s
    case (supra), the Court observed:-

    “We do record our concurrence with the observations of
    this Court in Sahib Ram case (supra) and come to the of
    conclusion that since payments have been made without
    any representation or a misrepresentation, the appellant
    Board could not possibly be granted any liberty to deduct
    or recover the excess amount paid by way of increments
    at an earlier point of time. The act or acts on the part of
    the appellant Board cannot under any circumstances be
    said to be in consonance with equity, good conscience
    and justice. The concept of fairness has been given a go-
    by. As such the actions initiated for recovery cannot be
    sustained under any circumstances.”

    In Sahib Ram‘s case (supra), referred to earlier, also the
    employee did not possess the requisite qualification but
    had received the salary on revised scales. Their Lordships
    however, held that the benefit flowing to the employee was
    not on account of any misrepresentation but on account of
    legal construction made for which the employee cannot be
    found fault with. The Court observed :-

    “Admittedly the appellant does not possess the
    required educational qualifications. Under the
    circumstances, the appellant would not be entitled to
    the relaxation. The Principal erred in granting him

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    the relaxation. Since the date of relaxation the
    appellant had been paid his salary on revised scale.
    However, it is not on account of any
    misrepresentation made by the appellant that the
    benefit of higher pay-scale was given to him but by
    wrong construction made by the Principal for
    which the appellant cannot be held to be at fault.
    Under the circumstances, the amount paid till the
    date may not be recovered from the appellant. The
    principle of equal pay for equal work would not
    apply to the scales prescribed by the University
    Grants Commission. The appeal is allowed partly
    without any order as to costs.”

    (emphasis added)

    7.6. A three-Judge Bench of the Hon’ble Supreme Court in

    Syed Abdul Qadir and others vs. State of Bihar and others (2009) 3

    SCC 475, speaking through Justice B.N. Agrawal, opined as follows:

    “27. This Court, in a catena of decisions, has granted relief
    against recovery of excess payment of
    emoluments/allowances if (a) the excess amount was not
    paid on account of any misrepresentation or fraud on the
    part of the employee and (b) if such excess payment was
    made by the employer by applying a wrong principle for
    calculating the pay/allowance or on the basis of a
    particular interpretation of rule/order, which is
    subsequently found to be erroneous. The relief against
    recovery is granted by courts not because of any right in
    the employees, but in equity, exercising judicial discretion
    to relieve the employees from the hardship that will be
    caused if recovery is ordered. But, if in a given case, it is
    proved that the employee had knowledge that the
    payment received was in excess of what was due or

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    wrongly paid, or in cases where the error is detected or
    corrected within a short time of wrong payment, the
    matter being in the realm of judicial discretion, courts
    may, on the facts and circumstances of any particular
    case, order for recovery of the amount paid in excess.
    See Sahib Ram v. State of Haryana, 1995(1) SCT 668 :

    1995 Supp. (1) SCC 18, Shyam Babu Verma v. Union of
    India
    , 1994(2) SCT 296 : [1994]2 SCC 521; Union of
    India v. M. Bhaskar
    , 1996(4) SCT 57 : [1996]4 SCC
    416; V. Ganga Ram v. Regional Jt., Director, 1997(3) SCT
    72 : [1997]6 SCC 139; Col. B.J. Akkara [Retd.] v.

    Government of India & Ors., (2006) 11 SCC
    709; Purshottam Lal Das & Ors. v. State of Bihar, 2006(4)
    SCT 537 : [2006]11 SCC 492; Punjab National Bank &
    Ors. v. Manjeet Singh & Anr.
    , 2006(4) SCT 570 : [2006]8
    SCC 647 and Bihar State Electricity Board & Anr. v. Bijay
    Bahadur & Anr., [2000] 10 SCC 99.”

    (emphasis added)

    7.7. The ratio culled out in Syed Abdul Qadri‘s case (supra) has

    also been reiterated by the Hon’ble Supreme Court in Jagdish Prasad

    Singh‘s case (supra).

    7.8. In Thomas Daniel v. State of Kerala and others, 2022 (2)

    SCT 722, a two-Judge Bench of the Hon’ble Supreme Court observed

    that no recovery of the excess amount paid to an employee can be

    effected especially when there was no misrepresentation on the part of

    the employee concerned. Speaking through Justice S. Abdul Nazeer, the

    following was held:

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    “9. This Court in a catena of decisions has consistently
    held that if the excess amount was not paid on account of
    any misrepresentation or fraud of the employee or if such
    excess payment was made by the employer by applying a
    wrong principle for calculating the pay/allowance or on
    the basis of a particular interpretation of rule/order
    which is subsequently found to be erroneous, such excess
    payment of emoluments or allowances are not
    recoverable. This relief against the recovery is granted not
    because of any right of the employees but in equity,
    exercising judicial discretion to provide relief to the
    employees from the hardship that will be caused if the
    recovery is ordered. This Court has further held that if in a
    given case, it is proved that an employee had knowledge
    that the payment received was in excess of what was due or
    wrongly paid, or in cases where error is detected or
    corrected within a short time of wrong payment, the matter
    being in the realm of judicial discretion, the courts may on
    the facts and circumstances of any particular case order
    for recovery of amount paid in excess.”

    (emphasis added)

    7.9. In the present case, the petitioner had rendered service on

    the higher posts and had drawn salary accordingly. It is a settled law laid

    down by the Hon’ble Supreme Court in Smt. P. Grover v. State of

    Haryana, 1983 AIR SC 1060 and Arindam Chattopadhyay and others

    v. State of West Bengal and others, Civil Appeal No.25021 of 2013,

    that an employee working on a higher post cannot be denied the salary

    attached thereto. It is not a case where excess payment is made on

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    account of some wrongly applied increment, therefore, the salary paid

    and utilized by an employee for discharging duties on a higher post,

    cannot be, under any circumstance, be recovered. The alleged excess

    payment, if any, was the result of administrative decisions taken by the

    respondents themselves and not on account of any misrepresentation or

    fraud committed by the petitioner.

    7.10. The impugned action of the respondents in directing

    recovery after several years of service is clearly contrary to the

    principles laid down by the Hon’ble Supreme Court and is also violative

    of the principles of fairness and equity. Consequently, the impugned

    orders dated 22.07.2014 (Annexures P-12 and P-13, respectively)

    whereby the pay scale of the petitioner was re-fixed and the impugned

    order dated 26.06.2015 (Annexure P-20) directing recovery of

    Rs.8,21,263/- from the salary of the petitioner cannot be sustained in the

    eyes of law.

    8. ORDER

    8.1. Accordingly, all the captioned writ petitions are allowed.

    The impugned orders dated 22.07.2014 (Annexures P-12 and P-13,

    respectively) and 26.06.2015 (Annexure P-20) are hereby quashed.

    8.2. The respondents are restrained from effecting any recovery

    from the petitioner(s). If any amount has already been recovered either

    from the salary or from the retiral dues of the petitioner(s), the same

    shall be refunded to them along with interest @ 6% per annum from the

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    date of such recovery till its actual realization, within a period of three

    months from the date of receipt of a certified copy of this judgment.

    8.3. The respondents are further directed to release all pending

    admissible dues of the petitioner(s), if any, within a period of three

    months along with interest @ 6% per annum to be calculated from the

    date the said amount became due till its actual realization.

    8.4. Pending miscellaneous application(s), if any, also stands

    disposed of.

    8.5. A photocopy of this order be placed on the file of other

    connected cases.

    
    
    
    
                                                (HARPREET SINGH BRAR)
                                                       JUDGE
    
    10.03.2026
    yakub
    
                   Whether speaking/reasoned:              Yes/No
    
                   Whether reportable:                     Yes/No
    
    
    
    
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                   ::: Downloaded on - 14-03-2026 09:37:34 :::
     



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