K.Suganya v. The Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2022

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.18065 OF 2017 AND W.M.P.NO.19618 OF 2017 K.Suganya ... Petitioner -vs1. The Secretary to Government Finance (Pay Cell) Department Fort St. George, Chennai - 600 009.

2. The Tahsildar Attur Taluk Salem District.

... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue Writs of Certiorari, to call for the records connected with the proceedings issued in Na.Ka. No. 03/2017.A1 dated 11.01.2017 and Na.Ka. 03/2017/A1 dated 21.06.2017 passed by the Second Respondent and quash the same.

For Petitioner :

Mr.S.Ilamvaludhi For Respondents :

Mrs.C.Sangamithirai Special Government Pleader

O R D E R

Heard Mr. S.Ilamvaludhi, Learned Counsel for the Petitioner and Mrs. C.Sangamithirai, Learned Special Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner, who is working as Village Administrative Officer, challenges the Proceedings No. Na. Ka. 03/2017.A1 dated 11.01.2017 and Proceedings No. Na. Ka. 03/2017/1 dated 21.06.2017 passed by the Second Respondent in which the Petitioner has been advised to remit the sum of Rs. 50,113/- towards wrongful payment said to have been made to her towards incentive increments for higher qualification, otherwise the same would be recovered from her salary. 3.

This Court at the time of admission on 17.07.2017 had granted an order of interim stay of recovery alone, which continues to be in force as on date.

4.

It is trite law that any administrative action which involves civil consequences must be made consistently with the rules of natural justice, meaning thereby that the person concerned must be informed of the case with supporting evidence against him and he must be given a fair opportunity to meet the case before an adverse decision is taken. The Government of Tamil Nadu in G.O. Ms. No. 286, Finance (Pension) Department dated 28.08.2018 after referring to the principles laid down by the Hon'ble Supreme Court of India in State of Punjab -vs- Rafiq Masih (Whitewasher) [(2015) 4 SCC 334], has issued detailed instructions providing the manner in which any excess amount paid to Government Servants/Pensioners/Family Pensioners would have to be made.

5.

There is nothing to show in the impugned order that before the wrongful payment claimed to have been made was effected, any show cause notice had been issued to the Petitioner calling for an explanation from her with supporting materials relied in that regard. Such incurable flaw in decision making by the Respondents is in violation of the principles of natural justice and would vitiate the impugned orders. In that view of the matter, the impugned orders passed by the Second Respondent are set aside leaving it open to the concerned authorities to appropriately deal with the matter following due process.

It shall be incumbent upon the concerned authorities to issue show cause notice to the Petitioner along with workingsheet of the calculation for the wrongful payment claimed to have been made to her and after affording full opportunity of personal hearing to her and considering each of the objections that may be raised by her, a reasoned order shall be passed on merits and in accordance with law following the procedure laid down in the instructions in G.O. Ms. No. 286, Finance (Pension) Department dated 28.08.2018 issued by the Government of Tamil Nadu, uninhibited and uninfluenced by the earlier order passed in the matter, and the decision taken shall be communicated to the Petitioner under written acknowledgement.

6.

In the event of the concerned authorities failing to initiate fresh such proceedings within 31.07.2022, any amount so far recovered from the Petitioner pursuant to the impugned order, which has been set aside, shall be refunded to her under written acknowledgment and report of compliance in that regard shall be filed before the Registrar (Judicial) of this Court. In fine, the Writ Petition is ordered on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Maya To

1. The Secretary to Government Finance (Pay Cell) Department Fort St. George, Chennai - 600 009.

2. The Tahsildar Attur Taluk Salem District.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

W.P.No.18065 of 2017 KJ(CO) RLP(11/05/2022)