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Judgment
Per Smt. Urmita Datta (Sen), Judicial Member:
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief:
“8(i) The decision taken by the authority concerned in the matter of re-fixation of pay and recovery from the pay of the applicant cannot be sustained in the eye of law.
(ii)An order do issue directing the respondents to refund the amount recovered from the salary of the applicant.”
The applicant has also prayed for following interim relief:
“An ad-interim order do issue directing the respondents not to recover any amount further from the salary of the applicant till the disposal of the application.”
Learned counsel for the applicant submits that without issuing of any show cause notice, the respondents have started recovery from the salary of the applicant from the month of August, 2026. Being aggrieved the applicant has filed the instant original application.
It has been further submitted that though the applicant has himself made a representation 21.08.2026 which is still pending before the authority. Therefore, learned counsel for the applicant submitted that at present, it would suffice his purpose if the authority be directed to take appropriate steps as per law by issuing of a notice after being heard and in the interim; they may be asked not to recover any further amount from the salary of the applicant.
Learned counsel for the respondents submits that they are ready to act as per rules.
Heard learned counsel for both sides and perused the records.
It is the fact that no show cause notice has been issued to the applicant. In view of above, respondents are directed to take action by issuing show cause notice after giving an opportunity of being heard and communicate their decision by way of a reasoned and speaking order within a period of three weeks from the date of receipt of copy of this order.
In the meantime, by way of interim measure, the respondents are directed not to recover any further amount from the salary of the applicant till communication of the speaking order.
Accordingly, the OA is disposed of at the admission stage itself with no order as to costs.