Court No. - 58
Case :- WRIT - A No. - 17585 of 2018 Petitioner :- Mata Prasad Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeshwar Prasad Sinha Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has retired from the post of Inspector in U.P. Police on 31.08.2017. It appears that all his retiral dues have not been plaid so far. Petitioner is aggrieved by an order dated 03.07.2018, which records that petitioner was granted salary in excess of his entitlement from 01.07.2007 and therefore, recovery of a sum of Rs. 1,61,976/- is proposed to be made from the petitioner. For such reason, petitioner's leave encashment has also been withheld. The order is challenged on the ground that neither any notice, nor any opportunity has been afforded to the petitioner before passing the order impugned.
The Apex Court in State of Punjab and others Vs. Rafiq Masih (White Washer) and others reported in (2015) 4 SCC 332 has held that recovery from the employee would be impermissible in law after his retirement, while payments have been made mistakenly by an employer.
Submission is that there was no misrepresentation on part of petitioner and therefore, the authorities were not justified in effecting recovery, particularly, when the petitioner was not at fault.
Learned standing counsel submits that the authority concerned be permitted to re-visit the issue.
In the facts and circumstances of the case, noticed above, this petition stands disposed of with a direction upon the authority concerned to examine the petitioner's grievance in light of principles laid down by the Apex Court in Rafiq Masih (supra) by passing a fresh reasoned order within a period of three months from the date of presentation of a certified copy of this order after affording an opportunity of hearing to the petitioner.
In order to facilitate fresh consideration of the case, the impugned order dated 03.07.2018 is hereby quashed.
Order Date :- 18.8.2018 Amit Mishra