MUBARAK HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed this writ petition challenging the District Order No. 773/95 dated 26th April 1995 (annexure -2) by which it has been ordered to recover the excess amount from the post retirement benefit of the petitioner, which has been paid to the petitioner since 1st January 1995.

(2.) ADMITTEDLY , the petitioner was functioning under the respondent State in its Home (Police) Department. He was initially appointed as a literate constable on 24.1.1959 and thereafter to the next higher post of Sub -Inspector of Police on 10th June 1976. The petitioner was transferred from one place to another place and was allowed to continue in the service upto 22nd April 1995. The last posting of the petitioner was at Nawadah Police station in the district of Bhojpur. Since 23rd April 1995, the respondents stopped taking work from the petitioner and on 26th April 1995, the respondents came out with the impugned Annexure -2.

(3.) IT is stated by the counsel for the petitioner that earlier one District Order No. 670/93 was issued by which the petitioner was made to retire from 31st January 1995, which was not given effect. Thereinafter they have come out with the District Order No. 775/95 dated 26th April 1995 (Annexure -2).