PARAS NATH SINGH versus STATE OF BIHAR & ORS.

PARAS NATH SINGH versus STATE OF BIHAR & ORS.

In view of the appellant’s almost illiterate status, lack of fraud or misrepresentation, and given the not so excessive amount, recovery of the amount already paid should not be effected, though sums already recovered are not to be refunded.

Parties
Appellant: Paras Nath Singh; Respondent: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
21 April 2009
Procedural Posture
Civil Appeal / Appeal Against Judgment of High Court in Letters Patent Appeal No. 692 of 2006
Outcome
Appeal allowed in part; High Court judgments set aside; writ petition allowed to the extent indicated; no order as to costs.
Legal Topics
Promotion, Provisional First Time Bound Promotion, Recovery From Salary
Service Law Promotion Provisional First Time Bound Promotion Recovery From Salary

Case Brief

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Parties

Paras Nath Singh

Appellant

State of Bihar & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment of High Court in Letters Patent Appeal No. 692 of 2006

Legal Issues

  1. 1 Whether recovery from the salary of the appellant was justified after cancellation of the provisional First Time Bound Promotion given to him

Ratio Decidendi

In view of the appellant’s almost illiterate status, lack of fraud or misrepresentation, and given the not so excessive amount, recovery of the amount already paid should not be effected, though sums already recovered are not to be refunded.

Court Disposition

Appeal allowed in part; High Court judgments set aside; writ petition allowed to the extent indicated; no order as to costs.

Orders

  • The amount already paid to the appellant shall not be recovered.
  • The amount already recovered shall not be paid back to the appellant.