Naresh Chand Bijawat Son Of Shri ... vs Bank Of Baroda
2021 Latest Caselaw 6000 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12076/2021
          S.B. Civil Misc. Stay Application No.11550/2021

Naresh Chand Bijawat Son Of Shri Jagdish Prasad Bijawat
                                                                      ----Petitioner
                                     Versus
Bank Of Baroda & Ors.
                                                                  ----Respondents

For Petitioner(s) : Ms. Ashish Saksena for Mr. S.K. Saksena For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

26/10/2021

Learned counsel for the petitioner submits that without

following the principles of natural justice, his pension is being

deducted by the respondents alleging excess payment. He submits

that a Division Bench of the Hon'ble High Court of Bombay, in case

of Naini Gopal Vs. The Union of India and Ors.,

MANU/MH/1018/2020 in identical circumstances, relying on

the judgment of the Hon'ble Apex Court of India in case of High

Court of Punjab and Haryana and Ors. Vs. Jagdev Singh

(2016) 14 SCC 267, quashed the action of the respondents-bank

therein in deducting the amount paid in excess and also directed

to refund the amount already recovered from pension of the

petitioner therein.

Issue notice. Rule is made returnable by five weeks. Notices

be filed in two sets. One set of notices be sent through registered

post with acknowledgment due. Steps to be taken within a week.

(2 of 2) [CW-12076/2021]

Heard learned counsel for the petitioner on interim relief.

In the meanwhile, there shall be no recovery from the

pension account of the petitioner.

(MAHENDAR KUMAR GOYAL),J

Sudha/65

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