SHYAM CHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the counsel for the State as well as learned Counsel for the Accountant General.

(2.) IT appears that the petitioner's pension papers were forwarded to the Accountant General for fixation of his pension. The Accountant General found some discrepancies in fixation of his pay in revised scale and therefore returned the papers to the Director, Primary Education, vide Annexure -3 pointing out the discrepancies, for taking appropriate action in the matter. Thereafter, it appears that the respondent Director examined the matter and directed the respondent, District Superintendent of Education, Sitamarhi for recovery of excess payment made to the petitioner without seeking any clarification. Consequently respondent D.S. 3. found 12% benefit on the pay drawn by the petitioner on higher pay scale as wrong and, thereafter, order of recovery was made from the pay of the petitioner. Pursuant to the said order recovery of a sum of Rs. 17,723/ - was made.

(3.) HOWEVER , from the counter affidavit it appears that before coming to the conclusion that 12% benefit of Selection Grade was given to the petitioner on a wrong pay scale, he was not given any opportunity to explain the matter and file representation defending the said fixation. In the circumstance it is apparent that the order for recovery of excess payment on account of wrong fixation of pay was passed against the petitioner without giving him any opportunity of being heard in the matter.