UNION OF INDIA Vs. NAWAL KISHORE

JUDGEMENT

(1.) WE heard the counsel for the parties.

(2.) THE counsel for the petitioners invited our attention to the Full Bench decision of this court in the case of Ram Binod Kameshwar Prasad Sharma,Ranjit Singh Versus Maya Devi,State Of Bihar Singh and Others V/s. The Bihar State Electricity Board and Others, reported in 2007(3) PLJR 398, wherein the Full Bench has observed thus: -

(3.) HOWEVER , the counsel for the petitioners conceded that before an order of deduction/recovery could be passed, it was incumbent on the part of the petitioners to give notice to the respondent and that was not given and now since the notice is to be given to the respondent for the purpose of fixation of pay with regard to pensionary benefits, a notice shall also be given to the respondent asking him to show cause why the excess payment to the extent of Rs. 50,044/ - be not recovered.