AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal is barred by limitation from 11 days.
An application is preferred to have condonation of the same.
Ignoring the delay, we have examined merits of the
case.
Briefly stated, facts of the case are that the
respondent-petitioner preferred a petition for writ challenging
the order dated 06.12.2010 passed by the competent
authority of the Ajmer Vidhyut Vitran Nigam Limited effecting
recovery of Rs.31,547/- from the respondent-petitioner said
to be paid in excess. Learned Single Bench allowed the writ
petition light of the law laid down in the case of State of
Punjab & Ors. Vs. Rafiq Masih (White Washer) etc.
reported in AIR 2015 SC 696.
It is not in dispute that the amount said to be paid
in excess was not paid to the respondent-petitioner on his
own representation/misrepresentation/fraud, but due to some
negligence on the part of employer. In light of the law laid
down by Hon''ble Supreme Court in the case of Rafiq Masih
(supra) as well as in the case of Sahib Ram Vs. State of
Haryana reported in 1995 Supp (1) SCC 18, it is not open
for the employer to recover such amount.
In view of it, we do not find any wrong with the
order impugned. Accordingly, the appeal is dismissed.