Subodh Chandra Mahato vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Jhk) 530

RAJESH SHANKAR
Subodh Chandra Mahato – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Laxman Kumar, Advocate
For the Respondent: Mr. Ajit Kumar, A.C. to G.A.V

JUDGMENT :

1. The present writ petition has been filed for quashing/setting aside the office order as contained in memo no.130 dated 6th August, 2020 issued by the Special Land Acquisition Officer, Subarnrekha Project, Chandil- respondent no.3, whereby the said respondent has passed an order for recovery of Rs.5,13,664/-. Further prayer has been made for issuance of direction upon the respondents to refund the said amount, which has already been deducted from the salary of the petitioner.

2. The main submission of learned counsel for the petitioner is that the recovery of Rs.5,13,664/- sought to be made by the impugned order dated 6th August, 2020 is illegal, as there was no misrepresentation on the part of the petitioner in receiving the said amount. It is submitted that in view of memo no.151 dated 08.11.2018 issued by the Finance Department, Government of Jharkhand, if any excess payment is wrongly made to any employee without any fraud and misrepresentation made on the part of such employee, then the said payment shall not be recovered in the following situations: -

(ii) ------

(iii)

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