BASANT NARAYAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this writ petition is aggrieved by the order of the Accountant General, contained in letter no. Pen -5 -Sah -1751 dated 12th March, 1999 (Annexure 6) and the consequential order issued by the Assistant General Manager of the State Bank of India, contained in Annexure 1, whereby and whereunder a sum of Rs. 1,33,552 -has been sought to be recovered from him on account of alleged excess payment made to him by way of dearness allowance and interim relief on his own pension paid to him in addition to the family pension received by him on account of death of his wife, who was also an employee of the State Government.

(2.) EARLIER this matter was adiourned on several occasions and finally vide order dated 10.12.1999 this Court, as a last indulgence, granted three week 'stime to the State to file counter affidavit with a clear indication that if no counter affidavit is fried, the writ application shaii be disposed of on the averments made in the writ petition. No counter affidavit has been filed on behalf of the State. A counter affidavit has been filed on behalf of the Accountant General, Bihar, Patna as well as on behalf of the State Bank of India (respondent no. 6).

(3.) IN the counter affidavit filed on behalf of respondent no. 6 it is stated that the petitioner was paid family pension including dearness allowances in excess to which he is entitled as double