BHARAT BHUSHAN BHARDWAJ Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner was granted PG Increments. However, a sum of ' 43,595/- was directed to be recovered from the salary of petitioner w.e.f. 1.1.1996 to 31.5.2001 . Petitioner has not been heard before the decision was taken to recover a sum of ' 43,595/- from his salary. THE petitioner has neither misled nor misrepresented the authorities at the time when the benefit of PG increments was granted to him.

(2.) THEIR Lordships of the Hon'ble Supreme Court in Syed Abdul Qadir and others versus State of Bihar and others, (2009) 3 SCC 475 have culled out the following principles governing the circumstances in which the excess amount cannot be recovered by the employer: