Shailendra Kumar Singh vs The State Of Jharkhand & Ors
2021 Latest Caselaw 1863 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              W.P. (S) No. 1767 of 2021
      Shailendra Kumar Singh                          ...             Petitioner
                                    Vs.
      The State of Jharkhand & Ors.                   ...             Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK (Through: Video Conferencing) For the Petitioner : Mr. Birendra Kumar, Advocate For the Respondents : Mr. Mithilesh Singh, GA-IV

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02/ 08.06.2021 The petitioner has challenged the order of recovery dated 10.03.2021 (Annexure-3), which has been issued after retirement of the petitioner. Learned counsel places heavy reliance on the celebrated judgment of Hon'ble Apex Court in case of State of Punjab Vs. Rafiq Masih, reported in (2015) 4 SCC 34 and submits that the order of recovery is not tenable in the eyes of law.

However, learned counsel for the respondents seeks sometime to file counter-affidavit.

Prayer is allowed.

Put up this case after six weeks.

In the meantime, the operation, implementation and execution of the order dated 10.03.2021 (Annexure-3) shall remain stayed.

(Dr. S.N. Pathak, J.) punit/-