1 S.B. CIVIL WRIT PETITION NO. 462/2007. ( SHIV PRASAD VS. STATE & ORS.) DATE OF ORDER : 07.07.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Narpat S. Rajpurohit for the petitioner. Mr. Rameshwar Dave } Mr. J.K. Chanda } for the respondents. By the order dated 19.04.2001, the Dy. Director, State Insurance – cum- Provident Fund Department, Chittorgarh instructed the petitioner to deposit a sum of Rs.32,650/- against the excess payment of Rs.15,524/- made while satisfying the amount of the Provident Fund at the time of his retirement on 30.04.1996. While assailing validity of the order aforesaid, the contention of the learned counsel for the petitioner is that the excess payment of Rs.15,524/- was made by the respondents at their own, therefore, the petitioner cannot be made liable to refund the amount with interest. Per contra, as per the respondents, the sum of Rs.15,524/- was retained by the petitioner and, therefore, he is required to refund the same with interest determining in the tune of Rs.17,126/-. 2 It is the position admitted that the excess payment in the sum of Rs.15,524/- was made by the respondents at their own without any fault on part of the petitioner. The respondents came to know about such excess payment after a lapse of about five years and by the order impugned they are demanding not only the excess payment but the interest also in the tune of Rs.17.126/-. The petitioner was nowhere at fault in getting the excess provident fund and, therefore, he cannot be held liable for making payment of the interest. The fault in making excess payment was on part of the respondents themselves and, therefore, the liability arising out of such fault cannot be transferred with the petitioner. The order impugned dated 19.04.2001, therefore, is bad to the extent it relates to recovery of the interest in a tune of Rs.17,126/-. The petition for writ, therefore, is allowed. The respondents may recover the amount of Rs.15,524/- from the petitioner but no interest thereupon can be charged. To the extent aforesaid, the order impugned is quashed. (GOVIND MATHUR)J. Anil/