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MOHIT KUMAR SHAH
Onkar Nath – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed seeking the following relief(s):—
“1. That this writ application is being filed for setting aside the impugned order dated 21.11.2022 issued by the Principal, Nalanda Medical College, Patna vide Memo No.- 3648 Patna dated 21.11.2022 or any other related order/letters whereby 2nd A.C.P. (M.A.C.P.) granted to the petitioner has been cancelled and further ordered that yearly increment given to him has also been cancelled from 01.07.2011. Further ordered to recover the excess amount of salary which has been paid to the petitioner from 01.07.10 to 31.03.17 and also from 01.04.17 to till date. The said order has been passed without giving any opportunity of hearing which is against the Principle of natural justice. The same has been issued in arbitrary manner and without following due process of law.”
2. At the outset, the learned counsel for the petitioner has submitted that since there was no mis-representation on the part of the petitioner, leading to grant of the benefits of 2nd M.A.C.P. to him, no recovery, as sought to be made by the impugned order dated 21.11.2022, issued by the Principal, Nalanda Medical College, Patna,
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
Recovery – If excess amount was not paid on account of any misrepresentation or fraud of employee or if such excess payment was made by employer by applying a wrong principle for calculating pay/allo....
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
Where court arrives at conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of employer's righ....
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