The Allahabad High Court has stayed the order of SSP Meerut to recover Rs 4,02,938 from a retired sub-inspector for excess payment of salary due to a departmental mistake.
A single-judge bench of Justice JJ Munir passed this order while hearing a petition filed by Gajendra Singh.
The petitioner is a retired Sub-Inspector of Police, who retired from service on 31.10.2023.
By an order dated 22.04.2024, the Senior Superintendent of Police, Meerut has ordered deduction of a sum of Rs 4,02,938 from his post-retiral benefits on ground that while in service, the petitioner was paid in excess of his emoluments on account of wrong fixation.
The submission of the Counsel for the petitioner is that it is not the respondent’s case that the petitioner was responsible, in any manner, for the incorrect fixation of his emoluments.
It is also argued that the petitioner is a Group ‘C’ employee and a retired one at that. To recover a sum of Rs 4,02,938/- from the petitioner’s post retiral benefits, is directly in teeth of the principles laid down by the Supreme Court in State of Punjab and others v Rafiq Masih (White Washer) and others, (2015) 4 SCC 334 and Thomas Daniel v State of Kerala and others, 2022 SCC OnLine SC 536.
Prima facie, the contention is correct, the Court observed.
The Court granted ten days’ time to file a counter affidavit for the respondents.
“The Senior Superintendent of Police, Meerut shall show cause, by his personal affidavit, why the order dated 22.04.2024 be not quashed and a sum of Rs 4,02,438/- recovered from the petitioner’s salary ordered to be refunded.
The S.S.P will also show cause why penal costs are not imposed as orders like the present one are being consistently passed by the Authorities of the State, in violation of the law laid down in Rafiq Masih (supra) and Thomas Daniel (supra),” the order reads.
The Court has fixed the next hearing of the petition on 27.09.2024.