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Allahabad High Court stays recovery of Rs 3.24 lakh more from senior assistant

Contention of the counsel for the petitioner is that certain recovery was being made from his salary on account of the fact that some excess amount had been paid to the petitioner, as per the respondents.

The Allahabad High Court has stayed the recovery of Rs 3,24,840  more salary from senior assistant Rambha Srivastava in Central Jail, Varanasi.

The Division Bench of Justice Siddhartha Varma passed this order while hearing a petition filed by Smt Rambha Srivastava.

The contention of the counsel for the petitioner is that certain recovery was being made from her salary on account of the fact that some excess amount had been paid to the petitioner, as per the respondents.

The counsel, relying upon a judgement passed in State of Punjab & Others vs Rafiq Masih reported in (2015) 4 SCC 334, submitted that when the excess payment had been made not because of any fraud committed by the petitioner, the recovery could not be made, the court noted.

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“Standing Counsel who represents the respondents may file counter-affidavit within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks, thereafter. List thereafter. Until further orders, no recovery shall be made from the petitioner,” the Court ordered.

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