RAM RAJ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Sheikh Arkan Ahmed, learned Counsel for the petitioner and learned J.C. to Standing Counsel No. 11, for the State.

(2.) THE petitioner seeks quashing of the order dated 13.6.2000 (Annexure -1) issued by the Circle Officer, Dawath, Rohtas by which a direction has been made for recovery of Rs. 73,083/ - being the salary for a period of two years and two and half months from the petitioner, since as per the service book, the petitioner was to retire on 30.4.1998 whereas, he has retired on the basis of the notice of retirement on 15.6.2000.

(3.) LEARNED Counsel for the petitioner submitted that there is no justification for the said order of recovery dated 13.6.2000 since for the first time the department served notice upon the petitioner by the said order and immediately on receipt of the same on 15.6.2000 he had stopped working and thus for the period he had actually worked, he would be entitled to salary for the same. It is submitted that it was the fault of the authorities that they had not earlier served the notice and made him to retire on the due date according to the age determination by the Medical Board which was entered in the service book. It is further submitted that since the petitioner was illiterate he had no Knowledge of what was written in the service look and it was for the authorities to have intimated him regarding the same, being the custodian of the service book of the petitioner. It is further submitted that there was no fraud or misrepresentation committed by the petitioner in continuing in service and thus the salary of Rs. 73,083/ -that he has received, until that date cannot be recovered from him.