IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.854 of 2007
Anant Prasad Singh son of Late B.K. Singh, resident of village Bhola
Sirsa Biran,P.O. Sirsa Biran, P.S. Lalganj, District Vaishali
.... ... Petitioner
Versus
1. The State Of Bihar through the Chief Secretary, Government of
Bihar, Patna
2. The Director General cum Inspector General, Bihar, Patna
3. The D.I.G. of Police, Tirhut range, Muzaffarpur
4. The S.P. Vaishali (Hajipur) .... .. Respondents
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For the Petitioner :Mr. Ram Hriday Prasad, Advocate
For the State : G.P.12
02/ 20.07.2011 Heard learned counsel for the petitioner and the
State.
2. Petitioner superannuated while serving as
constable with the District Police, Vaishali with effect
from 30.6.2002. Under order bearing Memo No. 05 dated
4.1.2006, Annexure-5, the Superintendent of Police,
Vaishali at Hajipur has stated that salary paid to the
petitioner for the period between July, 2001 till June, 2002
amounting to Rs. 97,717/- has been recovered from the
gratuity payable to the petitioner and the balance amount
of Rs. 14,935/- has been paid to him, as petitioner should
have retired with effect from 30.6.2001.
3. Such recovery of the salary paid to the
petitioner for the service rendered by him for the period
between July, 2001 till June, 2002 is wholly without
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jurisdiction as the authorities of the District Police,
Vaishali at Hajipur continued to take work from the
petitioner for the period between July, 2001 till June, 2002
and having taken the work from the petitioner during the
said period, in my opinion, they are absolutely ill-advised
to recover the said amount from the gratuity of the
petitioner.
4. Accordingly, order bearing Memo No. 05
dated 4.1.2006, Annexure-5 is quashed with direction to
the Superintendent of Police, Vaishali at Hajipur to refund
a sum of Rs. 97,717/- to the petitioner forthwith.
5. The writ petition is, accordingly, disposed of.
Arjun/ ( V. N. Sinha, J.)