RAM KUMAR BHARATI ALIAS R.K.BHARATI SON OF LATE DEONANDAN BHARTI Vs. BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, BIDYUT BHAWAN, BAILEY ROAD, PATNA

JUDGEMENT

(1.) VIDE order dated 23.3.2004 based on the reasoning as rendered in the case of Md. Siddique vs. The Bihar State Electricity Board and Others, 2003(3) PLJR 681, the Court was pleased to allow the writ application and quash the order of recovery which was sought to be made on the ground that excess payment had been made.

(2.) THE order in question was challenged in L.P.A. and was tagged alongwith large number of other cases and placed before a Full Bench for consideration which is the case of Ram Binod Singh vs. The Bihar State Electricity Board and Others, 2007(3) PLJR 398. The question was as to when recovery can - be effected after retirement of an employee. The Full Bench laid down the guidelines and remanded the writ application back for fresh consideration. That is how the writ application is listed again before the learned Single Judge. The Court has examined the ratio laid down in the case of Md. Siddique (supra) as well as the parameters within which recovery can be effected in para 26 of the decision of the Full Bench. Learned counsel points out that where two onterpretations of a provision were possible and one was consciously approved and adopted by the competent authority and is applied generally to all concerned, then any error sought to be corrected at a later stage can only be prospective and same cannot be a ground for effecting recovery.

(3.) SIMILAR is the view expressed by the learned Single Judge in the case of Md. Siddique. In other words, the reasoning based on which the writ application was allowed earlier on 23.3.2004 cannot be said to be erroneous.