SITA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has challenged the order dated 19.1.2001 under which a sum of Rs. 1,72,177/ - has been recovered on account of the excess : payment made to the petitioners husband, as he did not pass Hindi Noting and Darting Examination during his service tenure. 2007 (4) JLJR 451, no recover can be made without giving opportunity of hearing or without initiating any proceeding under Rule 43(b) of the Pension Rules, but neither any opportunity of -hearing was given to the petitioners husband nor any proceeding was initiated against him. 3. Counsel for the State submitted that the said District Order No. 64 of 2005 was revoked on 11.1.2005 and District Order Nos. 61 of 2000 and 37 of 2001 were maintained by District Order No. 1 of 2006 (Annexure -C). 4. Admittedly before recovery of the aforesaid amount, neither any opportunity of hearing was given to the husband of the petitioner nor any proceeding under Rule 43(b) of the Pension Rules was initiated against him. 5. In the circumstances, the respondents are directed to return the said amount of Rs. 1,72,177.00 to the petitioner within four weeks from the date of receipt/ production of a copy of this order. 6. With these observations and directions, this writ petition is disposed of. However, no costs.