STATE OF BIHAR Vs. RAM SHARAN PRASAD SINGH

JUDGEMENT

(1.) THIS Letters Patent Appeal at the instance of the State is directed against the judgment of the learned Single Judge, recorded in C.W.J.C. No. 2952 of 2000, on 6.5.2005, whereby, the petition of the respondent came to be allowed with a direction not to implement the order of recovery with a further direction that the State should not show that the pay scale was fixed on misrepresentation or suppression of the fact by the petitioner after his superannuation and the petitioner cannot be made to suffer and no recovery can be made from his pensionary benefits, hence this Letters Patent Appeal under Clause 10 of the Letters Patent.

(2.) WE have heard learned counsels appearing for the parties. We have considered the factual matrix. We have, also, examined the text and tenor of the impugned judgment and order of the learned Single Judge.

(3.) THE original writ petitioner has been a Class IV employee in the department of Minor Irrigation and he came to be superannuated on 30.6.1995. Long thereafter, the aforesaid order came to be passed. The petitioner, inter alia, contended that ther.e was no show cause notice given to him and he has been visited with civil and evil consequences without his fault. He has, also, raised a plea that he had not misrepresented for getting the higher salary or wages.