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Judgment
PER HON’BLE MR. PANKAJ KUMAR, MEMBER (A)
In this case relating to the recovery, the applicant has sought the following reliefs:
a)To direct the respondents not to reduce the pay and impose any kind of recovery and recovered amount if any, may be refunded along with interest @ 12 p.a. from the date of due till the actual date of payment,
b)To issue any other order or direction, which this Hon'ble Tribunal deems fit and proper in the circumstances of the case.
c)To allow the instant O.A. with costs.
Heard the learned counsel for the applicant, learned counsel for the respondents and perused the records.
Learned counsel for the applicant submits that the show cause notice dated 17.09.2026 issued to the applicant by the respondents does not contain necessary details to enable a meaningful response and submits that ends of justice would be served if this OA is disposed of with a direction to the respondents to issue detailed show cause notice to the applicant and give reasonable to the applicant to respond to such notice through representation which may be disposed of by the respondents/competent authority by way of reasoned and speaking order and also prays that till such time no recovery be made from the applicant.
Learned counsel for the respondents opposes the aforesaid prayer; however, submits that, if so directed, at least three months’ time may be given for disposal of applicant’s case in the said manner.
Keeping in view the innocuous prayer made by the applicant, this O.A. is disposed of, without going into the merits of the case, with a direction to the respondents/competent authority to issue detailed show cause notice to the applicant within two weeks affording at least two weeks’ time to the applicant to respond by means of a representation and then consider and decide the applicant’s representation in accordance with law by passing a reasoned and speaking order to be communicated to the applicant within a period of three months from the date of its receipt. It is further directed that no recovery shall be made from the applicant till the disposal of the representation by the respondents/competent authority.
Associated MAs, if any, also stand disposed of.
Parties shall bear their own costs.