‘No fraud’: MP High Court quashes Rs 1 lakh recovery from widow over ‘excess salary’
The Madhya Pradesh High Court has dismissed a demand for Rs 1.08 lakh from the widow of a former government employee, ruling that any alleged excess salary payments cannot be recovered from her. The court found that no evidence existed to suggest the widow had obtained the benefit through fraud or misrepresentation, and that no opportunity was given for her to present her case.
The case originated from an order made by the Madhya Pradesh government on March 30, 2016, seeking to recover the alleged excess amount. The court noted that the deceased government employee had been granted certain pay-scale benefits, but that these were later deemed incorrect. The state attempted to recover the excess amount, but the widow argued that this was unfair, as there was no fraud or misrepresentation on her or her husband's part, and no prior notification or hearing.
Justice Deepak Khot ruled that the recovery order was invalid, as the deceased employee had received the benefits directly from the authorities, and there was no indication of any fault on the part of the widow or her husband.
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