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2018 Supreme(All) 2158

AJAY BHANOT
Udit Narain Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Amit Srivastava, Ashok Khare
For the Respondent: C.S.C., M.P. Singh

JUDGMENT :

1. The petitioner was appointed as a Block Organizer in the Home Guards Department in 1963. He was promoted to the post of Platoon Commander in the Home Guards Department in March, 1977. The petitioner superannuated from service on 31.5.1995. The pensionary and other terminal benefits were disbursed to the petitioner on his retirement. The petitioner has been drawing his pension regularly as and when it became due.

2. By order dated 27.3.2006, almost 11 years after his retirement, a recovery of Rs.51216/- was ordered to be made from the pension of the petitioner.

3. The petitioner is aggrieved by order dated 27.3.2006. The petitioner has assailed the order dated 27.3.2006 in the instant writ petition.

4. The order dated 27.3.2006 has been passed on the foot of an alleged deficiency in the mobilization stock. The deficiency figure and the loss caused to the State exchequer was put at Rs. 51,216/-. This amount is sought to be recovered from the pension of the petitioner by order dated 27.03.2006.

5. Sri Siddharth Khare, learned counsel for the petitioner submits that the order of recovery dated 27.3.2006 is arbitrary and illegal. The order is beyond jurisdiction and has been pa





























































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