JOGINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking setting aside of order dtd. 30/11/2024 whereby respondent-State Bank of India has ordered to recover a sum of Rs.11,22,889.00 from the petitioner alleging excess payment during January' 2006 to April' 2019.

(2.) The petitioner who retired in July' 2004 is a pensioner. He is getting pension from State of Punjab which is disbursed through State Bank of India. The respondent-Bank by impugned order has ordered to recover a sum of Rs.11,22,889.00 alleging that there was excess payment during January' 2006 to April' 2019.

(3.) Learned counsel for the petitioner submits that impugned order is contrary to judgment of Hon'ble Supreme Court in "State of Punjab and others vs. Rafiq Masih (White Washer) and others", (2015) 4 SCC 334. The respondent made excess payment, if any, from January' 2006 to April' 2019. The respondent has already recovered a sum of Rs.2.59 lakhs from joint account of the petitioner. The petitioner is a 70 years old man and excess payment cannot be recovered from his pension.