BHAGIRATH PRASAD Vs. STATE OF M. P.

JUDGEMENT

(1.) The present petition has been filed by the petitioner being aggrieved by the illegal arbitrary action of the respondents whereby they have made recovery for amount of Rs.1,46,878/- at the time of settling of retiral dues of the petitioner. The recovery made is reflected in the P.P.O. (Pension Payment Order) and the same has been done without issuing any show cause notice to the petitioner or without providing any opportunity of hearing to the petitioner.

(2.) The Learned Counsel for the petitioner submits that the petitioner has retired from the post of Inspector on 30th June, 2016 after completing the age of 60 years. It is alleged that no penalty can be imposed on a retired Government servant without the approval of the Governor of the State as per the Rule 8 and 9 of M.P. Civil Services (Pension) Rules, 1976 and the recovery made on the petitioner amounts to forceful recovery in excess of its jurisdiction, which is unsustainable.

(3.) The Learned Counsel for the petitioner has relied upon the judgment passed by the Hon'ble Supreme Court in the case of State of Punjab and Ors. Vs. Rafiq Masih (White Washer) etc. reported in 2015(1) MPHT 130 (SC), wherein it is held that the recovery which is made from the retiral dues of the Government employee is impermissible.