PHOOLMANI GUDIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Dr. S.N.Pathak, learned counsel for the petitioner and J.C. to A.G. for the respondents.

(2.) PETITIONER in this writ application has challenged the order dated 28.07.2008 (Annexure -2) whereby the Superintendent of Police (Wireless) had directed to recover an amount of Rs. 50,000/ - from the death -cumretiral benefits of the petitioner's husband Late Oliver Purti who had died in course of anti naxal operations on 07.05.2008. The recovery was sought to be made on the ground that the deceased had received excess payment by way of salary with effect from 01.01.1996 and therefore the said amount was recoverable from his account.

(3.) THE challenge to the impugned order has been made on the ground that it is arbitrary, against the provisions of law and is a colourable exercise of power and is violative of the principles of natural justice.