BIHAR STATE ELECTRICITY BOARD Vs. UMESH PRASAD

JUDGEMENT

(1.) THE Bihar State Electricity Board and its Financial Controller (Pension) are the appellants before this Court and they are aggrieved by order dated 15.1.2002 passed in CWJC No. 6572 of 2000 by a learned Single Judge of this Court by which he has quashed the order dated 28.6.1999 issued by the appellant deducting Rs. 92,626.42 P., which was to be recovered from the writ petitioner -respondent as excess payment towards pay from the total sanction amount of gratuity payable to him.

(2.) THE facts necessary for disposal of the present appeal are that the writ petitioner -respondent was appointed as Bill Clerk in the year 1964. and thereafter he was promoted to the post of Bill Collector in the year 1972. In 1976 he was promoted and confirmed on the post of Accounts Assistant. He was given selection grade with effect from 1.8.1988. He retired from the services of the Board on 31.9.1998.

(3.) BEFORE the learned Single Judge the writ petitioner -respondent only challenged the order for the recovery of the amount and the learned Single Judge relying upon the decision of the Apex Court in case of Sahib Ram V/s. State of Haryana & others, reported in 1995 Supp (1) Supreme Court Cases 18 held that even if the amount was wrongly paid to the writ petitioner -respondent as there was no fraud or misrepresentation on his part the Board has no power to recover the same and accordingly quashed the order dated 28.6.1999 as stated above.