STATE OF BIHAR Vs. PANDEY JAGDISHWAR PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against an order passed by a Division Bench of the High Court of Judicature at Patna, by which the respondent had questioned the legality and validity of an order dated 22nd of August, 2006 passed by a learned Judge of that Court, whereby the learned Judge had rejected the Writ Petition filed by the respondent.

(3.) The Writ Petition was filed by the respondent raising grievances against the order of the appellant dated 4th of December, 2004 directing recovery of the amount of salary for two years paid to the respondent on account of a dispute with regard to his date of birth despite the fact that the respondent had worked during that period. The appellant, by the order dated 4th of December, 2004, as noted herein earlier, directed recovery of the salary on the basis of that order, which was affirmed by a learned Judge of the High Court. Therefore, the only question that was raised before the Division Bench was whether the order passed by the State Authority dated 4th of December, 2004 and affirmed by the learned Judge was justified or not. The Division Bench, by the impugned order, had allowed the appeal and set aside the order of the learned Judge and quashed the order of the authority effecting recovery from the retiral dues and also directed the appellant to return and repay the amount recovered till the date of payment. It is this order, which is now under challenge before us by way of a Special Leave, which on grant of leave, was heard in presence of the learned Counsel for the parties.