Kula Nand Thakur vs State Of Jharkhand And Ors

Sanjay Kumar Dwivedi, J

Heard Mr. M.K. Sinha, learned counsel appearing for the petitioner and V.K. Shahi, learned G.P.-III appearing for the respondents.

The petitioner has preferred this writ petition for quashing the order dated 24.12.1997 contained in Annexure-5 to the writ petition, whereby an order of recovery of Rs. 14,730/- was directed to be recovered from the salary of the petitioner and further prayer is made for quashing the order dated 04.12.1997 contained in Annexure-9 whereby order of recovery of a sum of Rs. 41,230.95/- is directed to be recovered from the petitioner.

Mr. Sinha, learned counsel appearing for the petitioner submits that the salary of the petitioner was rightly fixed by the respondents and without any rhymes or reasons the impugned orders have been passed. He further submits that there is no misrepresentation on behalf of the petitioner and the authorities concerned at their own wisdom have fixed the salary of the petitioner and accordingly, the impugned are not sustainable.

On the other hand, Mr. Shahi, learned G.P.-III appearing for the respondents submits that it was pointed out by the audit that excess amount has been paid to the petitioner and that's why the amount, in question, has been asked to be recovered from the salary of the petitioner.

Having heard the learned counsel for the parties, the salary in question was fixed by the authority at their own wisdom and there is no misrepresentation on behalf of the petitioner and in view of the law laid down by the Hon'ble Supreme Court in the case of State of Punjab & Ors. Etc. Vs. Rafique Masih etc. reported in 2015 1 JLJR(SC) 323, the impugned orders cannot sustain in the eyes of law and accordingly, the impugned orders are, hereby, quashed and the writ petition is allowed.

It goes without saying that if the amount, in question, have been recovered from the petitioner, the same must be returned to the petitioner within eight weeks' from the date of receipt/production of a copy of this order.

In view of the above observations and directions, the writ petition stands allowed and disposed of.