The question as to whether the recovery of excess payment of emoluments /allowances can be made from the employee has been dealt with by the Supreme Court in their judgement in case of Sayed Abdul Kadir and others V/S State of Bihar
The Supreme Court referring to the earlier judgements has reiterated that no recovery of excess payment of emoluments / allowance can be made if 1) the excess payment was not made on account of any misrepresentation or fraud on the part of employee and 2) if the excess payment was made by the employer by applying a wrong principle for calculating the pay /allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous. The court has further stated that if in a given case, it is proved the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or in cases where the error is detected or corrected within a short time of wrong payment, the courts may on the facts and circumstances of any particular case may order the recovery of the amount paid in excess.
This important judgement has been made available on this blog under the title " Disciplinary Proceedings-- Important Judgments"
( S. N. 11 in the list) .The said judgement can be got downloaded, if required.
All the Government employees (including the pensioners) are advised to download and go through the said judgemnt.
The Supreme Court referring to the earlier judgements has reiterated that no recovery of excess payment of emoluments / allowance can be made if 1) the excess payment was not made on account of any misrepresentation or fraud on the part of employee and 2) if the excess payment was made by the employer by applying a wrong principle for calculating the pay /allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous. The court has further stated that if in a given case, it is proved the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or in cases where the error is detected or corrected within a short time of wrong payment, the courts may on the facts and circumstances of any particular case may order the recovery of the amount paid in excess.
This important judgement has been made available on this blog under the title " Disciplinary Proceedings-- Important Judgments"
( S. N. 11 in the list) .The said judgement can be got downloaded, if required.
All the Government employees (including the pensioners) are advised to download and go through the said judgemnt.
No comments:
Post a Comment