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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY KUMAR DWIVEDI
Jay Kumar Ray, son of Rajwansh Ray – Appellant
Versus
Union of India, through General Manager, East Central Railway – Respondent
| Table of Content |
|---|
| 1. punishment inflicted; recovery from retiral benefits challenged. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on rafiq masih applicability and appellate order existence. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. judicial review limited to apparent errors on record face. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. rafiq masih guidelines bar recovery from retirees, class iii/iv. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. punishment reduces pay entitlement; rafiq masih inapplicable. (Para 30 , 31 , 32 , 33 , 34) |
| 6. onus on petitioner to prove disputed appellate order. (Para 35 , 36 , 37 , 38 , 39 , 40) |
| 7. tribunal order upheld; writ petition dismissed. (Para 41 , 42 , 43 , 44 , 45) |
JUDGMENT :
This writ petition has been filed under Article 226 of the Constitution of India against the order dated 11.12.2024 passed by the Central Administrative Tribunal, Patna Bench, Circuit Bench at Ranchi in O.A. No.051/00091/2022, whereby and whereunder, the learned Tribunal has dismissed the said original application by declining to pass any positive direction on the prayer made in the original application.
Facts:
2. The brief facts of the case as per the pleading made in the writ petit
Recovery guidelines barring excess payments from retired lower-grade employees inapplicable to amounts paid beyond entitlement curtailed by cumulative-effect disciplinary punishment, absent proof of ....
Recovery of excess payments made to employees is impermissible where no fault exists on the employee's part and payments have spanned over five years, protecting livelihood rights.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
Recovery of excess payments from Group-C employees beyond five years is impermissible, emphasizing equitable treatment and adherence to Supreme Court guidelines.
Review petition dismissed due to inordinate delay and laches; no ACPS benefits for Group A posts with feeder grades.
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