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RAJEEV RANJAN PRASAD
Ramayan Sah S/o Sanupdeyal Sah – Appellant
Versus
State of Bihar through the Chief Secretary, Patna – Respondent
JUDGMENT :
Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General, Bihar.
2. Petitioner, in the present case, is seeking the following reliefs:
(ii) For issuance of an appropriate writ in the nature of certiorari, for quashing the consequential memo no. 1199 dated 19.07.18 and letter no. 1401 dated 21.08.2018 contained in Annexure P4, Annexure P5 respectively issued under signature of the Executive Engineer Building Construction Division, Ara (Respondent 6) whereby and whereunder the excess amount Rs. 827527/-(Rupees eight lac twenty seven thousand five hundred twenty seven) paid to petitioner in t
The mandatory requirement of passing the Departmental Accounts Examination for up-gradation or promotion in the pay-scale, and the impermissibility of allowing the illegality to be perpetuated.
The main legal point established in the judgment is that a policy decision of a department cannot override statutory mandates, and recovery of excess payment is impermissible if there is no misrepres....
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