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ANIL KUMAR SINHA
Mostt. Punita Karn Wife of Late Mahesh Kumar Karn – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
The husband of the petitioner was working as Assistant Manager, in Bihar State Food and Civil Supplies Corporation Limited (In short, ‘BSFC’) and died on 14.09.2010 in harness. He rendered his services for about 35 years in different capacities in various districts of Bihar in the BSFC before his death. After the death of her husband, the petitioner filed a representation before the District Manager, BSFC, Sitamarhi, on 05.01.2011 for payment of death -cum-retiral benefits. Instead of paying the death -cumretiral benefits, the respondent no. 4 lodged First Information Report against the petitioner as well as her son, bearing Dumra Police Station Case No. 19 of 2012, under Sections 406/409/420/120-B of the Indian Penal Code, in which the police, after completion of investigation, submitted final form, exonerating the petitioner and her son of the offence alleged in the First Information Report.
2. The petitioner approached this Court earlier in CWJC No. 3216 of 2016, which was disposed vide order, dated 16.05.2016, with a direction to the respondents that the issues on which there is no controversy should be resolved and settled within a period of eight weeks. A contempt ap
Recovery from retirees or their legal heirs is impermissible without concluded disciplinary proceedings establishing fault, violating natural justice principles.
Recovery of excess salary from the widow of a deceased Class-III employee is impermissible under law, particularly when no fraud or misrepresentation occurred.
Recovery of excess payment without fault of the recipient, after superannuation, is impermissible in law.
Recovery of excess payments from the widow of a Class-III employee post-mortem is impermissible under law, reaffirming the principle established in Rafiq Masih case.
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