Supreme Court of India · 2008-12-11
State Of Bihar & Ors vs Pandey Jagdishwar Prasad
- Court
- Supreme Court of India
- Petitioner
- State Of Bihar & Ors
- Respondent
- Pandey Jagdishwar Prasad
- Author
- Tarun Chatterjee
- Bench
- Tarun Chatterjee, Aftab Alam
Judgment text excerpt
The Supreme Court held that the order dated 4th December 2004, which directed the recovery of salary from the respondent based on a disputed date of birth, was unjustified. The Court emphasized that the State Authorities had failed to rectify the discrepancies in the respondent's service book for an extended period, thus undermining the legality of the recovery order. The Court upheld the Division Bench's decision to quash the recovery order and directed the appellant to repay the amounts recovered, reinforcing the principle that employees should not suffer due to administrative lapses.