P.Rathinam, Ex-Inspector / v. The Deputy Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2022
CORAM
THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No. 2994 of 2017 and W.M.P. No. 2874 of 2017 P.Rathinam ... Petitioner -vs1. The Deputy Secretary to the Government of India Ministry of Personnel, Public Grievances and Pensions North Block New Delhi.
2. The Director Department of Personnel & Training Establishment (D), MHA New Delhi.
3. The Chief Controller of Accounts Internal Audit Wing Ministry of (Home Affairs) New Delhi - 11.
4. The Director General CISF Hqrs C.G.O. Complex Lodhi Road, New Delhi - 110 003.
5. The IG/SS CISF South Sector Head Quarters Near War Memorial Chennai - 600 009.
6. The DIG CISF (SZ) South Zone Head Quarters Rajaji Bhavan Besant Nagar Chennai - 600 090.
7. The Senior Commandant CISF Unit ChPT Chennai - 600 001.
... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the Seventh Respondent dated 18.11.2015 in his Office Memorandum No. F-20016/(28)/CISF/CHPT/ACCTS -I/ OD/2015-1828 and quash the same and to direct the Respondents to refund the sum of Rs. 54,960/- recovered from the salary of the Petitioner.
For Petitioner : Mr.M.Md.Ibrahim Ali For Respondents : Mr. P.G.Sathosh Kumar, Central Government Standing Counsel
O R D E R
Heard Mr. M.Md.Ibrahim Ali, Learned Counsel for the Petitioner and Mr. P.G.Sathosh Kumar, Learned Central Government Standing Counsel appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2.
The Writ Petition challenges the Office Memorandum in F-20016/(28)/CISF/CHPT/ACCTS-I/OD/2015-1828 dated 18.11.2015 issued by the Seventh Respondent seeking to recover the sum of Rs. 54,960/- as excess payment by contending that no prior show cause notice was issued before the recovery order was passed. 3.
When it was pointed out that show cause notice dated 14.01.2015 had been issued to the Petitioner prior to the impugned order passed on 18.11.2015 and that the Writ Petition has been filed only after the recovery had been effected, Learned Counsel for the Petitioner seeks permission of the Court to withdraw this Writ Petition with liberty to challenge the correctness of the order of recovery and he has made an endorsement to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar True Copy// Sub Assistant Registrar
Maya To
1. The Deputy Secretary to the Government of India Ministry of Personnel, Public Grievances and Pensions North Block, New Delhi.
2. The Director Department of Personnel & Training Establishment (D), MHA New Delhi.
3. The Chief Controller of Accounts Internal Audit Wing Ministry of (Home Affairs) New Delhi - 11.
4. The Director General CISF Hqrs, C.G.O. Complex Lodhi Road, New Delhi - 110 003.
5. The IG/SS CISF South Sector Head Quarters Near War Memorial Chennai - 600 009.
6. The DIG CISF (SZ) South Zone Head Quarters Rajaji Bhavan, Besant Nagar Chennai - 600 090.
7. The Senior Commandant CISF Unit ChPT Chennai - 600 001.
+1cc to Mr.A.S.Mujbur Rahman, Advocate, S.R.No.32751 W.P. No. 2994 of 2017 RSI[co] NSK/10/06/2022