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Judgment
(As per Hon’ble Mr. Umesh Gajankush, Judicial Member)
The present O.A. is filed by the applicant seeking the following relief:
“In view of the facts stated above, The Hon'ble Tribunal may be pleased to: Call for the records pertaining to proceedings of Impugned Order No.OFMK/HR/LB/ 2025, Dated:03.09.2025 issued by 2nd Respondent, as arbitrary, discriminatory, illegal and violation of Article 14,16,21 of the Constitution of India and also against the Rules made under provision of Article 309 of the constitution of India and also against principles of Natural justice and to set aside and quash, and humbly requests to pass such other orders as deemed fit and proper in the circumstances of the case.”
The applicant before this Tribunal is challenging the Show Cause Notice dated 03.09.2025 by which it is directed to show cause within 7 days from the date of receipt as to why recovery of LTC amount of Rs.61,276/- plus EL encashment, if any availed, along with penal interest, for the Block Year 2010-11 by converting Home Town LTC to visit Pahalgam, Srinagar, shall not be made. It is submitted by the learned counsel for the applicant that the applicant had replied vide communication dated 23.05.2025. However, it is the contention of the learned counsel for the applicant that similar issue was the subject matter of a batch of cases before this Bench in the case of A. Vara Prasada Rao & Others vs. Union of India [O.A. No.898/2016 & batch], which was decided by this Tribunal vide its order dated 28.12.2018 and the applicant, being a similarly situated employee, is entitled to the relief granted by this Tribunal.
It is further submitted that the authority itself sanctioned the amount of LTC on 07.04.2011. However, after the lapse of more than 14 years, the impugned show cause notice has been issued at the verge of retirement of the applicant. Therefore, it is prayed that the impugned Notice may be quashed and appropriate relief may be granted.
After notice, the official respondents have filed a reply to contest the O.A. It is submitted that on the basis of an Audit Memo dated 07.04.2015, which was forwarded by the Regional Internal Audit Office (South) with an observation that Government employees, whose Headquarters and Home Town being the same, are not entitled for conversion of Home Town LTC for NER/J&K. Hence, the audit authorities concluded that the irregular admission of LTC claim of the applicant needs to be rectified by making recovery from him, based on which, the impugned Show Cause Notice was issued. On the basis of the above, the respondents have prayed for dismissal of the O.A.
After hearing the learned counsel for the parties, it is evident that the impugned Show Cause Notice was not challenged on the ground of competency and, therefore, as per the settled proposition of law, interference in show cause notice is not permissible that too, when the department is ready and willing to provide an opportunity to the applicant, it is all the more necessary for the applicant to file reply and thereafter, the competent authority is required to consider the same and pass appropriate order in accordance with rules.
Although a reply has been filed by the applicant on 23.05.2025, he is at liberty to file an additional reply to the Show Cause Notice which supports his claim, within a period of seven (7) days from today. If any such additional reply is filed, the competent authority is directed to consider the same and pass appropriate orders, keeping in view the Order dated 28.12.2018 passed by this Tribunal in case of A. Vara Prasada Rao & Others in OA/21/898/2016 & batch, within a period of three weeks after receipt of additional reply.
With the aforesaid direction, the O.A. is disposed of. Pending MAs, if any, stand disposed of. No order as to costs.