PARAS KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) I .A. No. 5203 of 2007 has been filed by the petitioner to implead Madhya Bihar Gramin Bank as a party respondent in view of the fact that Nalanda Gramin Bank has now merged in the newly created body. I.A. is allowed.

(3.) PETITIONER has challenged the decision dated 30.3.2005 contained in Annexure -1 to the writ application. By virtue of this decision the respondent Bank in their wisdom has decided to recover a sum of Rs. 49,188.92 which they held was wrongly paid to the petitioner in applying the benefit of increment under what is known as switch over facility. Learned counsel for the petitioner submits that this order impugned has been passed in violation of principles of natural justice because no notice was given to the petitioner prior to issuance of Annexure -1. Not only this since the benefit was granted to the petitioner by the respondent Bank on their own volition and there was neither any misrepresentation or fraud committed by the petitioner in this regard, the benefit granted to him or similarly situated employees could not be taken away by a stroke of pen. According to the petitioner he has been enjoying the grant of increment from 20.4.1999 and after more than five years this was suddenly being withdrawn based on a so -called communication received by the Bank from NABARD raising certain objections.