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High CourtsDivision Bench(2026) 01 DEL CK 2445

Jagat Borah & Ors. vs Union Of India & Anr.

Delhi High Court, Principal Bench, New Delhi · Decided on 14 January 2026

HON’BLE JUDGES
V. Kameswar Rao, J · Manmeet Pritam Singh Arora, J
RESULT
Disposed Of
CASE NUMBER
W.P.(C) 483/2026 & CM APPL. 2366/2026

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Judgment

13 paragraphs · 385 words

V. KAMESWAR RAO, J. (ORAL)

CM APPL. 2365/2026 (Exemption)

1.

Exemption is allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 483/2026 & CM APPL. 2366/2026

3.

This petition has been filed with the following prayers:-

“i.

Issue a Writ of Certiorari or any other writ, order or direction in the nature thereof quashing the Impugned order dated 22.12.2025 passed by Respondent No.2 whereby directions for recovery from the salary of the Petitioners have been made to recover alleged excess payments made towards risk and hardship allowance for the period from April 2019-March 2025; and ii. Pass such other orders) as this Hon'bk Court may deem fit in the fact and circumstances of the present ease.”

4.

In effect the petitioners are challenging the decision of the respondents to make recovery of the amount which has been paid under the head of risk and hardship allowance for the period from April, 2019 to March, 2025.

5.

One of the submission of the learned counsel for the petitioners is that the recovery has been effected without following the principles of natural justice, inasmuch as, no Show Cause Notice has been issued by the respondents before taking the impugned action.

6.

If that be so, the appropriate shall be for the respondents to issue Show Cause Notice for the action to be taken by them and after ensuring that the petitioners have submitted their representation to the Show Cause Notice, pass a detail and speaking order. On passing of the said order, the respondents shall proceed in accordance with the rules/law.

7.

The petitioners shall be within their rights to take all pleas, both on facts and in law in their representation including referring to the judgment of the Supreme Court in the case of Jogeswar Sahoo & Ors. v. The District Judge, Cuttack & Ors., SLP(C) No(S). 5918/2024. The petitioners, if aggrieved by any order to be passed by the respondents, shall be at liberty to seek such remedy as available in accordance with law.

8.

Accordingly, the impugned order dated 22.12.2025 is set aside. Till such time the respondents decide the issue in terms of the order passed by this Court, no recovery shall be affected.

9.

In view of the above, the petition along with pending application is disposed of.