Rajendra Prasad Pandey vs Prabhans Yadav & Anr.

“15.

Accordingly, in view of the findings recorded hereinabove, particularly that the impugned recovery has been effected from the retiral dues of the applicant without conducting any regular departmental enquiry, without placing the foundational material on record and in violation of the principles of natural justice, this Tribunal is of the considered opinion that the action of the respondents cannot be sustained in the eyes of law. The Original Application is, therefore, partly allowed, with the following directions:

(i)

The impugned recovery of ₹1,90,000/- effected from the retiral dues of the applicant is hereby set aside.

(ii)

The matter is remitted back to the respondents to conduct a regular departmental enquiry, strictly in accordance with law, for the purpose of determining the liability of the applicant, if any.

(iii)

While undertaking the aforesaid exercise, the respondents shall ensure compliance with the principles of natural justice and afford adequate opportunity of hearing to the applicant, and thereafter pass a reasoned and speaking order.

(iv)

The entire exercise shall be completed within a period of four months from the date of receipt of a certified copy of this order. (v)

In the event the applicant is exonerated or found not responsible, the recovered amount shall be refunded to him within a further period of two months along with interest @ 6% per annum, in accordance with rules.”