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july 2016

Supreme Court of India · 2016-07-29

High Court Of Punjab & Haryana vs Jagdev Singh

Citation / case number
AIR 2016 SUPREME COURT 3523
Court
Supreme Court of India
Petitioner
High Court Of Punjab & Haryana
Respondent
Jagdev Singh
Author
D Y Chandrachud
Bench
D Y Chandrachud, T S Thakur

Judgment text excerpt

The Supreme Court held that the recovery of excess salary payments made to a retired judicial officer is permissible when the officer had previously furnished an undertaking to refund any excess payments. The Court emphasized that the undertaking was binding and that the revised pay rules allowed for adjustments of excess payments. The High Court's decision to prevent recovery was overturned, affirming the State's right to recover the amount due to the absence of fraud or misrepresentation by the officer.

High Court Of Punjab & Haryana vs Jagdev Singh · Niyam