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Judgment
The applicant has filed the present OA, seeking the following reliefs:-
“1. To set aside notice issued vide letter No.AO(P&A)AQ/AV/GO-88788/18-19 dated at New Delhi the 12-09-2018 (Annexure A-1) and to direct
the Respondent not to recover Rs.2,39,130/- (Rs. Two lakh thirty nine thousand one hundred and thirty only) from the applicant‟s monthly salary for
the months of September, 2018 and October, 2018 and from the leave encashment amount on superannuation on 31.10.2018.
To direct the Respondents to pay Rs.50,000/- to the Applicant as the cost of this litigation.
To pass such further order(s) and/or give direction(s) as deemed fit and proper in the facts and circumstances of the case.â€
When the matter is taken up for hearing, counsel for the respondents informs us that pursuant to the impugned order dated 12.09.2018, the amount
of Rs.20,000/- recovered from the applicant‟s salary has been refunded and further the difference of salary for the month of August, 2018 and
September, 2018 amounting to Rs.5,984 has been sent to the Accounts Office (Cash) for making payment to the applicant. He further informs that the
column of recovery in the impugned order has also been treated as NIL and the notice of overpayment had also been withdrawn by the respondents.
Counsel for the applicant does not dispute this but says that the applicant has been harassed because initially some amount was deducted from her
dues and hence has sought a direction to the respondents to pay Rs.50,000/- as the cost of litigation. In reply to the same, counsel for the respondents
states that the action taken by them was not malafide but was a genuine mistake which they promptly rectified as soon as they came to know of it.
On perusal of the file, we also find that the operation of the impugned order dated 12.09.2018 has been stayed by this Tribunal on the very first day
of listing of this case, i.e., 26.09.2018. Hence, the applicant has been well protected, by way of an interim order, from the consequences of the
aforesaid impugned order.
In view of the above, nothing remains to be decided in this OA and the OA is disposed of accordingly. No order as to costs.