3rd Sept., 2026 Item no.D/L 16 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 22091 of 2026 In the matter of: Sri Sushanta Roy …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner: Mr. Sukanta Das Mr. Ajay Barman Roy ….Advocates For the State: Mr. Lokenath Chatterjee Ms. Mary Datta Mr. Jagannath Chatterjee ….Advocates 1. Affidavit of service filed in Court today is taken on record. 2. The petitioner is apprehensive that a sum of Rs. 4,17,070/- may be extracted from his salary on account of excess payment and/or ‘overdrawn salary’ for the period July 2010 to December 2019. 3. The authorities have not yet taken any steps and the petitioner has filed this application on the basis of an apprehension that the notice of 6th March, 2026 may be given effect. 4. Under normal circumstances, the petitioner cannot be deprived and money taken from him in view of the alleged excess payment made by the authority in terms of the dictum of the Hon’ble Supreme Court in the matter of State of Punjab & Ors. Vs. Rafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334. However, as modified by the decision in the matter of High Court of Punjab & Haryana Vs. Jagdev Singh reported in (2016) 14 SCC 267 wherein Page 2 it has been held that money can extracted, if the petitioner or any such incumbent has furnished an undertaking to such effect. 5. The respondents will act in accordance with law and in the absence of an undertaking will not give any further effect to the notice dated 6th March, 2026. 6. With the aforestated directions, the writ petition stands disposed of. 7. There shall be no order as to costs. 8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Reetobroto Kumar Mitra, J.)