JOHN KUJUR Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) HEARD Mr. M.M Shar -ma, learned counsel for the petitioner and Mr. Atanu Rannerji, J.C. to G.A.

(2.) THE petitioner in the instant case has prayed for quashing of the order dated 04.09.1997 issued under Memo No. 68 as contained at Annexure -3 whereby and whereunder House Rent Allowance (hereinafter referred to as H.R.A.) from April, 1997 to July 1997 and City Allowance for the said period amounting to Rs. 11,370/ - paid to him during his period of deputation at Raj Nagar Sub Centre has been ordered to be recovered on the ground that the said amount was excess paid to him.

(3.) FROM the facts pleaded, it appears that on or about 24.09.1992, the petitioner was deputed to the Rajnagar Block in the District of Signbhum (West). Although he joined the said place, yet during the period of the deputation, he was always paid salary from the Jamshedpur Office. At paragraph -3 of the supplementary affidavit filed by the petitioner on 13.04.1999, it has been stated that after deputation he was allowed to continue to draw salary from the Jamshedpur office and he also retained his rental house a Jamshedpur during his period of deputation and his family members also resided at Jamshedpur. It has also been stated that the petitioner was paid H.R.A. and City Allowance for his not having been provided official accommodation at Jamshedpur. On 04.09.1997, i.e. after a period of almost five years, Memo No. 67 was issued being Order No. 14 whereby and whereunder the deputation of the petitioner was cancelled. Immediately thereafter i.e. by Order No. 15 Memo No. 68 of the same day, the impugned order was passed.