Sri Niwas Sharma vs State Of U.P. And 2 Others
2023 Latest Caselaw 12723 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 5041 of 2023
 

 
Petitioner :- Sri Niwas Sharma
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Munesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saral Srivastava,J.

Heard learned counsel for the petitioner and Sri Vikram Bahadur Yadav, learned Standing Counsel.

By means of present petition, the petitioner has assailed the order dated 08.09.2022 passed by The Senior Superintendent of Police, Meerut by which amount of Rs.4,80,650/- has been sought to be recovered from the petitioner on the ground that excess payment has been made to the petitioner.

Challenging the said order learned counsel for the petitioner contended that the petitioner has retired on 30.04.2022, and therefore, no recovery after the retirement can be effected for excess payment made during the service period. It is submitted that the impugned order does not reflect that there was any fraud or misrepresentation on the part of the petitioner in getting the excess payment. It is submitted that controversy in hand is covered by the judgment of the Apex Court in the case of State of Punjab and Others Vs. Rafiq Masih (White Washer) 2015 (4) SCC 334 in which it has been held that no recovery can be made after retirement.

Per contra, learned Standing Counsel contended that as it is evident from the record that wrong fixation has been done to the petitioner, therefore, respondents have every right to recover the said amount. It is submitted that in such view of the fact, the order impugned is not liable to be interfered with.

Be that as it may, the order does not reflect that any fraud or misinterpretation on the part of the petitioner in obtaining excess payment has been made, and further no opportunity was afforded to the petitioner before passing the impugned order.

As the controversy in hand is squarely covered by the judgment of the Apex Court in the case of Rafiq Masih (supra) wherein the Apex Court has held that no recovery can be made after retirement, therefore, this Court is of the view that the order impugned is not sustainable.

Consequently the order dated 08.09.2022 is set aside. If the amount of Rs.4,80,650/- has been recovered from the petitioner, the same shall be reimbursed by the respondent within a period of three months from the date of production of certified copy of this order.

In case, the amount of Rs.4,80,650/- is not released within the aforesaid period, same shall carry simple interest @10% per annum from the date of recovery of the amount till the date of its payment.

It is further provided that liberty is granted to the respondents to file recall application, in case, there is any concealment of fact by the petitioner in obtaining the aforesaid order.

The writ petition is accordingly disposed off.

Order Date :- 25.4.2023

R.S. Tiwari