Raj Kishore Singh v. The Bihar State Electricity Bo
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.225 of 2011 =========================================================== Raj Kishore Singh, S/o Late Mukhdeo Singh, R/o Kutir Apartment Flat No. 402, Jagdeo Path , P.O.- Veterinary College, P.S.- Hawai Adda, Distt.- Patna .... .... Petitioner
Versus
1. The Bihar State Electricity Board, Through its Secretary, Vidyut Bhawan, Bailey Road , Patna
2. Financial Controller -1, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road , Patna
3. Financial Controller (Audit), Bihar State Electricity Board, Vidyut Bhawan, Bailey Road , Patna
4. Director (Terminal Benefits) Bihar State Electricity Board , Patna
5. The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road , Patna
6. The General Manager - Cum- Chief Enginee,r P.E.S.U., Patna
7. The Electrical Superintending Engineer, P.E.S.U. (West), Patna
8. Accounts Officer, P.E.S.U. (West) Circle, Mangles Road , Patna .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Ram Hriday Prasad, Advocate. For the Respondents : Mr. Binod Kumar Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 27-03-2015 Heard learned counsel for the petitioner and the State.
2.
Petitioner superannuated while serving as Accountant in Bihar State Electricity Board, Patna with effect from 30.11.2008. He has filed this Writ Application assailing the order bearing Memo No.
dated 13.01.2009, Annexure-1 whereunder Director (Terminal Benefit) of the Board has asked Deputy Director (Accounts) to recover a sum of Rs. 81,452/- from
Patna High Court CWJC No.225 of 2011 dt.27-03-2015 2/2 D.C.R. gratuity payable to the petitioner as the said amount was paid to him as excess pay drawn for the period between 1982-2008.
3. Any recovery of the excess pay drawn during the service tenure of the petitioner without there being any misrepresentation on his part is wholly arbitrary and in the light of the judgment of the Supreme Court in the case of State of Punjab and others etc. Vs. Rafique Mashih (White Washer etc.) 2015 (1) PLJR 261 Supreme Court, I not only quash the impugned order dated 13.01.2009, Annexure-1 but direct the competent authority of the Board to refund the aforesaid amount within one month from the date of receipt/production of a copy of this order before General Manager, South Bihar Power Distribution Company Limited.
4. The writ application is, accordingly, disposed of.
(V.N. Sinha, J) P.K.P.
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