T.P.Vanamamalai v. The Principal Secretary/Commissioner Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.(MD)Nos.21723 of 2019 and 9589 of 2020 T.P.Vanamamalai ... Petitioner -Vs1.The Principal Secretary / Commissioner of Treasuries and Accounts Department, Integrated Finance Complex 3rd Floor, No.571, Anna Salai, Nandanam, Chennai.
2.The Inspection Cell, Commissioner of Treasuries and Accounts Department, Integrated Finance Complex 3rd Floor, No.571, Anna Salai, Nandanam, Chennai.
3.The Additional Sub Treasury Officer, Sub Treasury, Srirangam, Trichy District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 1st respondent in R.C.No.32348/ICI/2019, dated 30.09.2019 insofar as the petitioner is concerned and the consequential impugned recovery order passed by the 3rd respondent in R.C.No.758/A/2019, dated 17.10.2019 and quash the same.
For Petitioner : Mr.R.Subramanian For Respondents : Mr.D.Sadiq Raja Additional Government Pleader.
ORDER
The order of recovery passed by the first respondent and third respondent by proceedings dated 30.09.2019 and 17.10.2019 respectively, are under challenge in the present Writ Petition. 2.The petitioner was holding the post of Lecturer (Selection Grade) and after serving more than 36 years, he was allowed to retire from service and also receiving pension. The petitioner states that recovery order was issued without any show cause notice to the writ petitioner. The petitioner has taken a specific ground that he was not heard and no opportunity was given and therefore, the impugned order is in violation of principles of natural justice. 3.Interestingly, the Principal Secretary / Commissioner of Treasuries and Accounts Department / first respondent has filed counter affidavit, categorically setting out the facts and circumstances, wherein it is stated that the first respondent has issued instructions to recover the excess payment. Before issuing the recovery order, a proper notice has been issued to the 1/6
petitioner vide Ltr.Rc.No.758/A/2019, dated 17.10.2019 of the third respondent and the writ petitioner made a representation on 24.10.2019 and requested for the copies of the audit notes and the same has been served on person. In this regard, the inspection report of the second respondent / Inspection Cell, Principal Secretary / Commissioner of Treasuries and Accounts, Chennai also categorically states as follows:- 2/6
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4.The order impugned dated 17.10.2019 is the notice referred in the counter affidavit filed by the first respondent. The order impugned clearly states that Thiru.Vanamamalai is requested to appear before the Additional Sub Treasury Officer, Sub Treasury, Srirangam, within 15 days from the date of receipt of this letter and if not possible to appear, please accept the recovery. It is the statement made in the impugned order. Therefore, the petitioner has been given with an opportunity. However, the petitioner instead of availing the opportunity provided by the respondents, has filed the present Writ Petition even at the initial stage. Thus, the Writ Petition is not only premature, but the petitioner has failed to avail the opportunity provided through the impugned order. 5.The learned Additional Government Pleader appearing for the respondents states that pursuant to the notice, the petitioner has 5/6
submitted representation and based on the representation, audit notes copies were served on the writ petitioner. While so, the respondents ought to have passed the final order. In the present case, the respondents have not passed any final order. 6.This being the factum, the petitioner is at liberty to submit additional explanations / objections, if any, within a period of two (2) weeks from the date of receipt of a copy of this order. In the event of receiving any such objections / explanations, the respondents are directed to consider the same and pass final orders, on merits and in accordance with law, within a period of eight (8) weeks thereafter.
7.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr To 1.The Principal Secretary / Commissioner of Treasuries and Accounts Department, Integrated Finance Complex 3rd Floor, No.571, Anna Salai, Nandanam, Chennai.
2.The Inspection Cell, Commissioner of Treasuries and Accounts Department, Integrated Finance Complex 3rd Floor, No.571, Anna Salai, Nandanam, Chennai.
3.The Additional Sub Treasury Officer, Sub Treasury, Srirangam, Trichy District.
+1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-6099[F] dated 15/02/2022 ) +1 CC to M/s.SPL GP ( SR-6228[F] dated 15/02/2022 ) 14.02.2022 RD(24/02/2022) 6P 6C 6/6