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2023 Supreme(P&H) 904

JAGMOHAN BANSAL
Jaspal Singh Dhillon – Appellant
Versus
Bhakhra Beas Management Board – Respondent


Advocates appeared:
Mr. Parminder Singh, Advocate for the petitioner.
Mr. Anil Kumar Sharma, Advocate for respondents No.1 to 3.

JAGMOHAN BANSAL, J.

1. The petitioner through instant petition under Articles 226-227 of the Constitution of India is seeking setting aside of order dated 04.08.2022 (Annexure P-9) whereby respondent has recovered a sum of Rs.2,20,881/- from the retiral benefits of the petitioner.

2. On 22.07.1987, the petitioner joined respondent-BBMB. The petitioner time to time was promoted and he came to retire on 30.09.2021 on attaining the age of superannuation. The respondent while releasing retiral benefits of the petitioner deducted a sum of Rs.2,20,881/-. The respondent deducted said amount forming an opinion that from 01.11.2010 to 31.12.2020, an excess payment was made by way of an increment which the petitioner was not entitled.

3. Learned counsel for the petitioner inter alia contends that respondent has deducted aforesaid amount taking plea that petitioner has furnished undertaking dated 02.12.2009 to the effect that he would be liable to refund the excess payment, if any, made on account of incorrect fixation of pay and Board can deduct said amount from his future dues. The petitioner had furnished undertaking on 02.12.2009 whereas deduction has been made with respect to payment made d

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