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PATNA HIGH COURT
Ajit Kumar, J
Namo Nath Jha – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. recovery of excess pension violates natural justice. (Para 2 , 3) |
| 2. legal precedents prohibit recovery without misrepresentation. (Para 4 , 5) |
| 3. authorities failed to follow legal procedure before recovery. (Para 6) |
| 4. court emphasizes the right to a fair hearing in pension fixation. (Para 8) |
| 5. final order allows writ application and mandates refund. (Para 9) |
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER
3 11-12-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. The instant writ application has been filed for the following reliefs:-
(i) For quashing the letter dated 03.02.2024 issued by the Respondent No.5 and contained in letter no.310 dated 03.02.2024, whereby and whereunder the Respondent No.5 has been pleased to request the Respondent No.6 to recover the amount of Rs.4,17,984/- from the pensionary benefits of the petitioner as fixed by the office of the Accountant General, Bihar, Patna vide memo no. 03/ PEN171123033181/ 202311031719PO dated 18.12.2023 on the ground that in view of the law laid down by the Hon’ble Supreme Court in the case of State of Punjab and others vs. Rafiq Mashi (White Washer) since reported in (2015) 4
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