IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.854 of 2007 Anant Prasad Singh son of Late B.K. Singh, resident of village Bhola Sirsa Biran,P.O. Sirsa Biran, P.S. Lalganj, District Vaishali …. … Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Director General cum Inspector General, Bihar, Patna 3. The D.I.G. of Police, Tirhut range, Muzaffarpur 4. The S.P. Vaishali (Hajipur) …. .. Respondents ----------- For the Petitioner :Mr. Ram Hriday Prasad, Advocate For the State : G.P.12 02/ 20.07.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated while serving as constable with the District Police, Vaishali with effect from 30.6.2002. Under order bearing Memo No. 05 dated 4.1.2006, Annexure-5, the Superintendent of Police, Vaishali at Hajipur has stated that salary paid to the petitioner for the period between July, 2001 till June, 2002 amounting to Rs. 97,717/- has been recovered from the gratuity payable to the petitioner and the balance amount of Rs. 14,935/- has been paid to him, as petitioner should have retired with effect from 30.6.2001. 3. Such recovery of the salary paid to the petitioner for the service rendered by him for the period between July, 2001 till June, 2002 is wholly without 2 jurisdiction as the authorities of the District Police, Vaishali at Hajipur continued to take work from the petitioner for the period between July, 2001 till June, 2002 and having taken the work from the petitioner during the said period, in my opinion, they are absolutely ill-advised to recover the said amount from the gratuity of the petitioner. 4. Accordingly, order bearing Memo No. 05 dated 4.1.2006, Annexure-5 is quashed with direction to the Superintendent of Police, Vaishali at Hajipur to refund a sum of Rs. 97,717/- to the petitioner forthwith. 5. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)