GAYA PRASAD CHAUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner and Mr. Gyan Prakash Ojha, LEARNED Assisting Counsel to G.A. 7 and Mr. J.P. Karn, LEARNED counsel appearing for the Accountant General.

(2.) THE petitioner is aggrieved by the order dated 3.2.2004 as contained in Annexure-3, whereby the pay-scale of the petitioner has been reduced to a lower scale under the signature of the Superintendent of Police, Buxar. THE petitioner also questions the order dated 13.10.2004 (Annexure-6) under the signature of Superintendent of Police, Buxar rejecting the representation of the petitioner and holding that the petitioner had drawn an excess amount of Rs. 1,17,541/- by way of excess payment by reason of an incorrect pay fixation and out of which an amount of Rs. 96672/- had been adjusted from the leave salary amount payable to the petitioner and the balance amount of Rs. 20,869/- would be adjusted from his pension arrears.

(3.) A counter affidavit has also been filed on behalf of the State respondents and in which they have justified the actions taken by the respondents authorities and the orders passed pursuant thereto. Needful to mention here that even while justifying the impugned actions, the re- spondents have been rather fair in their stand in making statement that the petitioner had not been found to be involved in the matter of excess payment of his salary and that is the reason that the recovery has been made without charging any interest.