JUDGMENT :

D.N. Patel, J.

The present petition has been preferred mainly against an order, passed by the District Superintendent of Education, Dumka, dated 7th January, 2009 (Annexure-1 to the memo of petition), whereby, excess drawn salary from the Year, 1997 to the Year, 2006, has been ordered to be recovered from the Pension and Gratuity of the present petitioner and that too, without holding any inquiry, worth the name, and in utter violation of the Jharkhand Pension Rules, 2000 and also in gross violation of the law, laid down by this Court. The decisions, reported in :

(a) 2007 (4) JLJR 457

(b) 2009 (1) JLJR 431

The counsel for the petitioner relies upon the aforesaid two decisions as well as a decision, rendered by this Court in W.P.(S) No. 1019 of 2009, dated 27th June. 2009, and submitted that without holding any inquiry, no amount from Pension or Gratuity can be deducted, when salary was paid from the Year. 1997 to the Year. 2006 without any misrepresentation or fraud, played by the present petitioner. The suggestion of the Office of the Accountant General is not conclusive evidence at all. Such types of letters cannot be implemented like a judgment or a decree for encashment