RAM BAKSH DWIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By the instant petition filed under Article 226 of the Constitution of India, the petitioner is seeking following relief:-

(2.) However, from perusal of impugned order dtd. 8/8/2012 (Annexure-P/3), it reflects that a recovery of Rs.1,03,343.00 has been shown from the petitioner and it is proposed that the same be recovered from the salary of the petitioner started in the month of August, 2012.

(3.) It is claimed by the petitioner that the said recovery is outcome of erroneous calculation made by the respondents and error committed by the officials of the department, therefore, the same cannot be done from him. It is submitted that the passbook of General Provident Fund of the petitioner is kept with the respondents and there is regular deduction of the amount of GPF from the salary of the petitioner and if any excess payment is made to the petitioner and in the account minus balance is shown, the said amount cannot be recovered from the petitioner because there is no false representation on the part of the petitioner and if any mistake has been committed by the respondents, the petitioner cannot be held responsible for the same.