JAGDISH LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) IN this writ petition the petitioner, who superannuated from service on 31.7.96 while working as Motor Mechanic Driver, is aggrieved by order dated 28th July, 1998, contained in Annexure -9, whereby and where under promotion granted to him long back in the year, 1984 w.e.f. 28.4.84, has been cancelled after his retirement and an order for recovery of the alleged excess amount drawn by him has been passed, consequently the order giving the details of the recovery to be made has been passed on 18.6.99, contained in Annexure -7. His further grievance is that 10% of his pension, full amount of gratuity and the amount of leave salary have not been paid to him till date, even after lapse of almost four years.

(3.) HOWEVER , it is not the case of the Respondents that the said promotion was granted to the petitioner on account of misrepresentation or commission of fraud by him. In view of the law settled by a decision reported in 1995 Supplementary Vol. (I) S.C.C. 18 no such recovery of said alleged excess amount is permissible until there is any finding that the said amount was drawn on account of any misrepresentation or commission of fraud by the employee concerned.