DEVENDRA TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Gopal Govind Mishra, learned counsel for the petitioner and Sri Dhurjati Kumar Prasad, learned Government Pleader No. 7, appearing on behalf of Respondent/State.

(2.) The present writ petition was filed with a prayer to quash 'Annexure-1' i.e. a communication contained in Memo No.3508 dated 14.8.2008 issued by Superintendent of Police, Special Wing, Government of Bihar, Patna. By the said order the Respondent/Superintendent of Police had directed to deduct an amount of Rs.32,949/- from the retiral dues, particularly from leave encashment amount of the petitioner. The petitioner had retired on 31.3.2008 as 'Havildar' from Special Branch, Bihar, Patna. Even though the petitioner retired he was not paid his full retiral dues, and subsequently, the impugned order was issued and an amount of Rs. 32,949/- has been deducted from the retiral dues of the petitioner. The petitioner in the present writ petition has pleaded that without giving any opportunity or notice the present impugned order was issued and recovery has been done.

(3.) Learned counsel for the petitioner submits that it is settled principle of law that after retirement of an employee no deduction shall be made unless it is a case of suppression of fact, fraud or mis-representation. It was submitted that Rs.32,949/- has been deducted on the plea that the petitioner was paid excess pay in between 1.1.1995 and 1.3.2004. The petitioner had not committed any misrepresentation or fraud or concealed any fact, and as such, the recovery order i.e. 'Annexure-1' is liable to be set aside.