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Allahabad High Court refuses to intervene in salary recovery notice

The Allahabad High Court has said that no one can take advantage of his own mistake. If someone has taken salary by taking a job appointment by fraud and connivance, then it should be returned. The court said that the job seeker can't seek justice under Article 226 against the recovery of salary from forged certificates

Allahabad High Court
Allahabad High Court

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Published : Sep 2, 2021, 5:29 PM IST

Prayagraj (Uttar Pradesh): The Allahabad High Court has said that no one can take advantage of his own mistake. If someone has taken salary by taking a job appointment by fraud and connivance, then it should be returned. Otherwise, it will be a wrong way to become wealthy. The court said that the job seeker can't seek justice under Article 226 against the recovery of salary from forged certificates. Such recovery action can't even be called arbitrary.

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The court has refused to interfere with the salary recovery notice, cancelling the appointment of an assistant teacher using a fake TET certificate in UP's Kaushambi and dismissed the petition. This order was given by a division bench of Justice SP Kesarwani and Justice RN Tilhari while dismissing the petition of Malti Devi. The petitioner got the appointment through a fake TET certificate. On discovery, the appointment was cancelled, which was challenged and the High Court stayed the order.

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She also received a salary during this appointment. A notice was issued to Malti Devi on 10 July 2020 asking her to refund the wrongly taken salary. The petitioner also challenged the notice in court. The petitioner cited that a stay order continues in the case and the recovery can't be made.

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