High CourtsDivision Bench(2011) 11 KAR CK 0023

Union of India vs B.R. Shivalinge Gowda, L. Nagaraju and Others The Senior Superintendent of Post Offices, Kolar Divisiou, Kolar, The Director of Postal Services, S.K. Region, Bangalore-560 001. Vs V. Venkatesh, T.S. Lakshminarasimhaiah, E.D. Packer and K.N. Mohan Union of India and Others Vs S.S. Chougule and Others

Karnataka High Court · Decided on 3 November 2011

HON’BLE JUDGES
K.L. Manjunath, J · B. Manohar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 6584/.2008 C/w W.P. No''s. 28232 and 32288 of 2004

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Judgment

6 paragraphs · 188 words

K.L. Manjunath J.

1.

A short question that arises for consideration of this Court in this writ petition is:

Whether the petitioners can recover the amount wrongly paid from the respondents?

2.

The Central Administrative Tribunal following the judgment of the Hon''ble Supreme Court in the case of Union of India (UOI) and Another Vs. M. Bhaskar and Others, set aside the order passed by the petitioners herein to recover the excess amount paid to the respondents herein not on account of fraud or misrepresentation of the respondents herein, but on account of the error committed by the petitioners herein. Accordingly, the applications filed by the respondents were allowed by the Tribunal, Bangalore. This order is called in question in this writ petition,

3.

Having heard the learned counsel for the petitioners, we are of the view that the Tribunal is justified in graning the relief to the respondents herein when they were in no way responsible for the excess amount made by the petitioners. The point in question in completely covered by the Hon''ble Supreme Court referred to above.

Accordingly, the writ petitions are dismissed on merits.