BAIJ NATH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, petitioner is aggrieved by the recovery vide Annexures -1 and 2 on account of cancellation of first time bound promotion and second time bound promotion.

(2.) IT appears that petitioner was granted first time bound promotion vide order contained in letter no. 2249 dated 30th September, 1995 of the Director, Department of Statistics and Evaluation, Bihar, Patna, contained in Annexure -A with effect from 29.9.1985 and second time bound promotion vide Director 'sletter no.639 dated 29.2.1992, a photostat copy whereof has been placed at page 28 of the brief with effect from 19.8.1989. The said promotions were granted provisionally in anticipation of the approval of the concerned Department. It was further made clear that in case it is found by the concerned Department that the said promotions were wrongly given then excess amount drawn as salary on account of such promotion shall be recovered. Later first time bound promotion was cancelled and order for recovery was passed vide order dated 14.2.1998, contained in Annexure -B. Meanwhile, the petitioner superannuated from service on 28.2.1997. However, the sanction order was issued for pension and gratuity and pursuant to it the Accountant General has issued pension Intimation Memo, photocopy of which has been annexed as part of Annexure -1 at page 23. After issuance of the said P.P.O. the Administrative Officer issued instruction to the Treasury Officer, which is placed at page 22 as part of Annexure -1, in which it is mentioned that first time bound promotion has been cancelled, and, as such, the petitioner was asked to deposit the excess amount of Rs. 34,457.55 drawn by him, but the same has not been deposited and consequently recovery of the said amount has been made from pension of the petitioner.

(3.) AS regards recovery, this Court finds that so long the order of cancellation of promotion is not held to be bad, there is no illegality in making recovery in view of the condition that the promotions were given in anticipation of approval of the concerned Department and in case the concerned Department finds it to be wrong the excess amount drawn on account of such promotion shall be refunded.