S. Paiso vs. The State Of Manipur

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3436 OF 2020 (Arising out of S.L.P.(Civil)No.22446 of 2019)

S.Paiso and Ors. ...Appellants

Vs.

The State of Manipur and Ors. ...Respondents

O R D E R

Leave granted.

We have heard learned counsel for parties.

The appellants are aged pensioners and recovery is sought to be made from them on account of excess pension paid.

On our query, learned counsel for the respondent-State submits that there were large scale siphoning of funds in this process and even an SIT was set up. He however, concedes that till today nothing has been found against the appellants before us as per his instructions.

We are of the view that the ends of justice can be served by directing that no recovery should take place against the appellants after so many years, they having spent their amounts, until and unless it is found that the payments received by them were as a result of any fraud, collusion or misrepresentation practiced by the appellants before us. Digitally signed by Anita Malhotra Date: 2020.10.16 20:17:25 IST Reason: Signature Not Verified

The appeal accordingly stands disposed of.

The arrears due of pension, which are stated not to have been released, should positively be released within the maximum period of one month from today.

......................J. [SANJAY KISHAN KAUL]

......................J. [DINESH MAHESHWARI]

New Delhi; October 14, 2020. ITEM NO.29 Court 9 (Video Conferencing) SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 22446/2019

(Arising out of impugned final judgment and order dated 09-04-2019 in WA No. 56/2017 passed by the High Court of Manipur at Imphal)

S. PAISO & ORS. Petitioner(s)

VERSUS

THE STATE OF MANIPUR & ORS. Respondent(s)

Date : 14-10-2020 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE DINESH MAHESHWARI

For Petitioner(s)	Mr. Sridhar Potaraju,Adv.<br>Mr. Kahorngam Zimik,Adv.<br>Shri Gaichangpou Gangmei, AOR<br>Ms. Shivani Tushir,Adv.<br>Mr. Vishnu Thulashi Menon,Adv.
For Respondent(s)	Mr. Pukhrambam Ramesh Kumar, AOR<br>Ms. Anupama Ng.,Adv.<br>Mr. Karun Sharma,Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is disposed of in terms of the signed order.

Pending application, if any, shall also stand disposed of.

(ANITA MALHOTRA) (ANITA RANI AHUJA) COURT MASTER ASSISTANT REGISTRAR (Signed order is placed on the file.)