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Smt. Normi Topno vs The State Of Jharkhand Through Its ... on 11 October, 2007 cites

State Of Jharkhand And Ors. vs (Smt.) Girish Kumari Prasad And Ors. on 9 March, 2004

11. The main contention urged by the counsel for the appellant is that the order impugned passed by the learned Single Judge is wrong as the principles laid down by the Supreme Court in Sahib Ram's case and Bijay Bhadur's case have not been followed and on the other hand, the judgment in Girish Kumari Prasad's case and Ram Chandra Singh's case rendered by the Division Benches of this High Court have been relied upon even though this question has not been discussed and decided.
Jharkhand High Court Cites 1 - Cited by 20 - Full Document

Sahib Ram vs The State Of Haryana And Others on 19 September, 1994

11. The main contention urged by the counsel for the appellant is that the order impugned passed by the learned Single Judge is wrong as the principles laid down by the Supreme Court in Sahib Ram's case and Bijay Bhadur's case have not been followed and on the other hand, the judgment in Girish Kumari Prasad's case and Ram Chandra Singh's case rendered by the Division Benches of this High Court have been relied upon even though this question has not been discussed and decided.
Supreme Court of India Cites 0 - Cited by 988 - K Ramaswamy - Full Document

The State Of Jharkhand And Ors. vs Baleshwar Singh And Anr. on 11 May, 2006

23. On the other hand, on the basis of the ratio decided by the Supreme Court in Sahib Ram's Case and Bijay Bhadur's Case, Division Bench of this Court in Baleshwar Singh's case 2006 (4) JLJR 259 has specifically framed this question posed before Page 0299 this Court and gave an answer to the effect that since the specific powers for recovery has been conferred to the Government under Rule 43(b) of the Bihar Pension Rules, without following the procedure contemplated under the said Rule and without giving opportunity to the retired employee with reference to the various conditions contemplated in the said Rule, the Department cannot be allowed to recover any amount and the same can be done only in a manner which has been prescribed under Rule 43(b) of the Bihar Pension Rules, that too by the competent authority.
Jharkhand High Court Cites 3 - Cited by 10 - Full Document

Ram Binod Singh, Shabbir Alam, Sri ... vs The Bihar State Electricity Board And ... on 4 July, 2007

44. The counsel for the respondents placed heavy reliance on the Full Bench judgment of Patna High Court in Ram Binod Singh v. Bihar State Electricity Board 2007 (3) PLJR 398 in order to show the existence of the powers under Section 72 of the Contract Act to recover the excess payment after retirement either on mistake of law or on mistake of fact.
Patna High Court Cites 20 - Cited by 58 - S K Singh - Full Document

Union Of India & Ors vs Rakesh Kumar on 30 March, 2001

Now the next questions arises as to how such recovery can be made from the retiral benefits; who can recover the amount; through which procedure recovery can be made and the limitation, if any, to recover such amount. [para 9] This issue has not been determined either by this Court in the case of Smt. Girish Kumari Prasad (supra) nor by the Supreme Court in the case Page 0297 of Union of India v. Rakesh Kumar (supra) or the cases, as referred by the parties. [para 10] ...The State can recover the amount by way of filing a suit before a Civil Court of competent jurisdiction or in appropriate case, may file certificate case but in both cases, law of limitation being applicable, it is not open to the State to recover any amount at anytime from pension or gratuity in the name of adjustment, that too without giving opportunity to the retired employee. Before recovery or adjustment of any amount from the pension or gratuity in the case of mistaken calculation or payment in excess, the retired employee should be given an opportunity of hearing to state as to why the amount be not recovered/ adjusted from his pension/gratuity and it will be open to the retired employee to show that such recovery or adjustment is uncalled for or is barred by limitation....[para 13] ...if a person by misrepresentation or duping the State Government draws excess amount of salary or order benefit, such action being misconduct, after retirement it can be recovered only under Rule 43(b) of the Bihar Pension Rules 1950. If charge is not framed while employee is in service, after retirement it is only the State Government, empowered to do so and not any other officer and there is a limitation of four years, prescribed under the Rule.... [para 15] In these type of cases when excess payment is made to a Government employee by mistake and such mistake is committed by some other person, one cannot ignore Rule 43(b) in such cases. It is not that only in the case of misconduct Rule 43(b) can be invoked but it can also be invoked against an employee, if there is a pecuniary loss, caused to the Government due to negligence of the employee. That means the employee due to whose negligence such amount was paid to another employee and such negligence caused pecuniary loss to the State Government, then why the State Government will not recover the amount by invoking the provisions of Rule 43(b) against the person, due to whose negligence pecuniary loss was caused to the State Government....[para 16]
Supreme Court of India Cites 4 - Cited by 156 - Full Document

Bihar State Electricity Board vs M/S Bijay Mining Company Ltd. & Ors on 15 July, 1996

11. The main contention urged by the counsel for the appellant is that the order impugned passed by the learned Single Judge is wrong as the principles laid down by the Supreme Court in Sahib Ram's case and Bijay Bhadur's case have not been followed and on the other hand, the judgment in Girish Kumari Prasad's case and Ram Chandra Singh's case rendered by the Division Benches of this High Court have been relied upon even though this question has not been discussed and decided.
Supreme Court of India Cites 0 - Cited by 19 - K Ramaswamy - Full Document
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