Ras Bihari Singh vs The State of Bihar and Others

Radha Mohan Prasad, J.—In this writ petition, Petitioner, who retired as Sub-Inspector from Bihar Police while posted at Phulwarisharif on 1.7.2000 is aggrieved on account of non-release of some of his retiral dues, such as, G.P.J. Leave encashment, pension etc.

learned Counsel for the parties (sic)dmit that grievance of the Petitioner relating to retiral dues have been redressed except that a sum of Rs. 60,282/- has been recovered from the leave encashment pay-double to the Petitioner vide Annexure-E to the counter affidavit on account of alleged excess payment made because of wrong (sic)xation of pay. It is not the case of the Respondents that the alleged excess pay-(sic)ment was made on account of any repre-(sic)sentation/misrepresentation or fraud committed by the Petitioner. In view of the law settled learned Government Pleader No. VII appearing for the Respondents has fairly submitted that in absence of any such finding deduction of the amount pursuant to Annexure-E is not permissible, and as such, he submitted that the same shall be paid within ten days.

Writ application is, thus, disposed of with a direction to the Senior Superin(sic)endent of Police, Patna (Respondent No. 7 to pay the aforementioned remaining amount within ten days, failing which he Shall be liable to pay cost of Rs. 1,000/- from his pocket and the Petitioner will be at (sic)berty to file two pages affidavit for revival (sic)nd for taking appropriate action.

As prayed by learned Government Pleader No. VII let a copy of this order be supplied to him for its strict compliance.