UMA SHANKAR PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Certificate Case under Public Demand Recovery Act came to be instituted against the petitioner which is Certificate Case No. 7/2001-02. The reason for institution of the case was because of allegation made against him that he has joined as Assistant Teacher in a Project High School of Singhbhum on the strength of forged appointment letter dated 15.4.1988. An enquiry was held into the matter and even finding against the petitioner was recorded. An FIR was ordered to be instituted against the petitioner and even steps for recovery of so-called salary drawn by him illegally during the period he had worked was sought to be recovered through certificate case.

(3.) Petitioner has challenged the initiation of that case on the ground that even if the salary has been wrongly drawn by the petitioner the remedy for the respondents do not lie in invoking the provisions under Public Demand Recovery Act. According to him only such money can be recovered under the special statute if the provision has been made in Schedule-I. No clause of Schedule-I indicates that salary drawn by an employee illegally can be recovered as a public demand through a certificate case. This according to the petitioner therefore is good enough grounc or him to seek quashing of the proceeding.