Anand Kumar vs Union Of India And Ors

Heard the counsels for the parties.

The present writ petition has been filed for the following reliefs:-

"(a) In the nature of mandamus commanding upon the respondent authorities to show cause as to how and under what authority they are making illegal deductions from the monthly salary of the petitioner without any notice, show cause or opportunity of hearing to the petitioner, allegedly on account of excess payment due to wrongful increments granted to the petitioner in the year 2008-09;

(b) For a further writ/order/direction restraining the respondents from making any further deduction from the salary of the petitioner towards alleged recovery of the excess amount paid on account of wrongful increments granted to him in the year 2008-09;

(c) For a further writ/order/direction commanding upon the respondents to refund the amount illegally deducted from the salary of the petitioner towards recovery of the alleged excess amount paid to him on account of increment granted to him in the 2008-09;

(d) For a further writ/order/direction commanding upon the respondents to regularize the period (582 days) he was put under suspension and dismissal which was later on set aside by this Hon'ble Court had consequently grant him the benefit of MACP."

So far as relief no. (d) is concerned, it has been submitted by the parties that it has been satisfied and accordingly the petitioner is not pressing the reliefs marked as (d).

So far as reliefs of (a), (b) & (c) are concerned that is regarding the deduction being made from the salary of the petitioner on account of wrongly granting increments in the years 2008-2009.

Counsel for the petitioner has confined his prayer that since a determination has to be made by the authority that it has wrongly been granted and the petitioner is not entitled. The law is settled on this issue that whenever any adverse order is passed against any a person, the principle of natural justice has to be followed.

It is a case of petitioner that recovery is being made without passing any order and without giving any notice to the petitioner.

Petitioner has demanded notice and hearing as per mandate of the principle of natural justice.

In view of limited prayer, the matter is remanded to the concern authority. The concern authority is directed to issue notice to the petitioner and after hearing pass an appropriate order in accordance with law.

With the above observation and direction, the present writ petition stands disposed of.