The State Government may waive the recovery of an amount placed under objection by the Accountant General or otherwise found to have been overpaid to a Government servant if-(i)the amount disallowed has been drawn by the Government servant concerned under a reasonable belief that he was entitled to it;(ii)the enforcement of recovery will, in the opinion of the State Government, cause undue hardship, or it will be physically impossible to effect the recovery; and(iii)in the case of disallowance of emoluments of the nature of pay as defined in Bihar Service Code, Rule 34 made within one year of the date of payment:-(1)the Government servant is not in receipt of pay exceeding Rs. 12,000 a year or, in the case of others the over-drawal has not the effect of raising the Government servant's pay beyond Rs. 12,000 in any year,and(2)the over-drawal has not been occasioned by delay in notifying a promotion or reversion.[Note. - If an amount due from a person has to be written off on the ground that he/she is no longer in Government service and no recovery is, therefore possible, the orders sanctioning write off should invariably contain a clause that any sums which may be subsequently found due to the person concerned shall be adjusted against the amount written off.] [Inserted by C.S. No. 37 dated 28.4.1950.]
