D.Reginamary, v. The Commissioner Of Treasuries
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P. (MD) No. 15123 of 2013 and M.P. (MD) Nos. 1 and 2 of 2013 D.Reginamary ... Petitioner -vs1.The Commissioner of Treasuries & Accounts, Panagal Building, Chennai - 600 015.
2.The Regional Joint Director of Treasuries and Accounts, Trichy.
3.The Assistant Treasury Officer, Thiruvaiyaru, Thanjavur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records in pursuant to the impugned order issued by the Third Respondent in Proceedings Na. Ka. No. 96/2013 dated 22.02.2013 and quash the same and consequently direct the respondent to repay the amount already recovered from the Petitioner. For Petitioner : Mr. C. Rajakumar For Respondents : Mr. D. Gandhiraj Learned Counsel appearing on behalf of Government of Tamil Nadu
ORDER
(through video conference) Heard Mr. C. Rajakumar, Learned Counsel for the Petitioner and Mr. D. Gandhiraj, Learned Counsel representing the Respondents and perused the materials placed on record apart from the pleadings of the parties.
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2.
The Writ Petition challenges the proceedings in Na. Ka. No. 96/2013 dated 22.02.2013 passed by the Third Respondent in which the Petitioner has been called upon to refund the sum of Rs. 1,70,390/- excessively paid to him, mainly on the ground that no show cause notice had been issued calling for any explanation from the Petitioner in that regard. In response to the query made by this Court, the Learned Counsel representing the Respondents, on instructions, states that no such show cause notice had been issued to the Petitioner before passing the impugned order dated 22.02.2013. He has also filed a memo dated 28.06.2021 to that effect, which has been placed on record.
3.
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 have to be handled.
4.
As already stated, it is not the case of the Respondents that before the impugned recovery towards excess payment claimed to have been made was effected, any show cause notice had been issued to the Petitioner calling for an explanation from him with supporting materials relied in that regard. Such incurable flaw in decision making by the Respondents which is in violation of the principles of natural justice vitiates the impugned order which has to be set aside on that sole ground leaving it open to the concerned authorities to appropriately deal with the matter following due process. In that view of the matter, the impugned order dated 22.02.2013 passed by the Third Respondent is set aside.
The concerned authorities shall issue show cause notice to the Petitioner along with working-sheet of the calculation for the excess payment claimed to have been made to him in his pay and after affording full opportunity of personal hearing to him and considering each of the objections that may be raised by him, 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 any of the earlier orders passed in the matter, and the decision taken shall be communicated to the Petitioner under written acknowledgement.
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In the result, the Writ Petition is ordered in the aforesaid terms. Consequently, the connected miscellaneous petitions are closed. No costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) SRM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Commissioner of Treasuries & Accounts, Panagal Building, Chennai - 600 015.
2.The Regional Joint Director of Treasuries and Accounts, Trichy.
3.The Assistant Treasury Officer, Thiruvaiyaru, Thanjavur District.
W.P. (MD) No. 15123 of 2013 28.06.2021 KB(19.07.2021) 3P 4C 3/3