Pramod Chandra Saikia v APDCL [2021] GCtR 939 (Gauhati)

Pramod Chandra Saikia v APDCL 

WP(C) 7982/2018 

Date : 20 May 2021

Author of Original Judgment : Hon'ble J. Rumi Kumar Phukan

Citation : [2021] GCtR 939 (Gauhati) 

Service Law - Employee was appointed as peon in Assam Electricity Board - Employee requested to enter date of Birth as per HSLC Certificate - Employer tried to recover excess amount paid to the employee through an Order- Employee submitted representation against that and said order was challenged in a writ petition - Employer argued by referring the date of the birth of the employee [paras 2,3,8, 13]

It was held by Hon'ble Gauhati High Court that "a wrong doer cannot claim the privilege of his own wrongful conduct and it will be wholly unjustified one." Finally, Order under challenge was not set aside ; however, recovery was withdrawn by employer. [para 18]

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