RAS BIHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, petitioner, who retired as Sub -Inspector from Bihar Police while posted at Phulwarisharif on 1.7.2000 is aggrieved on account of non -release of some of his retiral dues, such as, G.P.F., Leave encashment, pension etc.

(2.) LEARNED counsel for the parties admit that grievance of the petitioner relating to retiral dues have been redressed except that a sum of Rs. 60,282/ - has been recovered from the leave encashment payable to the petitioner vide Annexure -E to the counter affidavit on account of alleged excess payment made because of wrong fixation of pay. It is not the case of the Respondents that the alleged excess payment was made on account of any representation/misrepresentation or fraud committed by the petitioner. In view of the law settled learned Government Pleader No. VII appearing for the Respondents has fairly submitted that in absence of any such finding deduction of the amount pursuant to Annexure -E is not permissible, and, as such, he submitted that the same shall be paid within ten days.

(3.) AS prayed by learned Government Pleader No. VII let a copy of this order be supplied to him for its strict compliance.