BADIUZZAMAN Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing of the order contained in Annexure 1, whereby and whereunder a sum of Rs. 45,519.49 paise, which is said ' to have been drawn in excess on account of non -passing of the Hindi Noting and Drafting Examination, has been sought to be recovered.

(2.) THE question as to whether such recovery is to be made came up for consideration before a Division Bench of this Court in the case of Vijay Bahadur and another V/s. The Bihar State Electricity Board and others (C.W.J.C. No. 1007 and 4576 of 1997) and this Court vide its judgment dated 19th May, 1998 held that such recovery was not permissible if there is no misrepresentation made by the employee concerned. The said judgment of the Division Bench of this Court has now been approved by the Apex Court, vide its order dated 1st December, 1999 passed in Civil Appeal No. 6913 of 1999 arising out of S.L.P.(C) No. 7118 of 1999, a photo copy whereof has been produced by the learned counsel for the Board.

(3.) IN the instant case, the petitioner was paid the said amount and retired from service before passing of the impugned order. Learned counsel for the Board, however, submitted that from the notes in the file it is evident that the petitioner himself gave the note for payment of the said increments and on that basis he was paid. As such, according to the learned counsel for the Board, thish amounted to misrepresentation as the circular requiring for passing of the Hindi Noting and Drafting Examination was circulated and there is presumption that the petitioner was in know of the same.