Rajbir Singh v. Union Of India And Others

SHIVANI GUPTA 2019.12.21 14:07 CWP No. 37264 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 37264 of 2019 Date of decision: 20.12.2019 Rajbir Singh Ex-Inspector ....Petitioner(s)

Versus

UOI and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Jainainder Saini, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks quashing of the recovery notice issued in the month of October, 2019 (Annexure P-1) whereby, recovery of Rs.1,28,800/- is sought to be made on account of the fact that he had taken the TA/DA intentionally twice for the over lapping period from 01.04.2017 to 31.07.2019 and 01.07.2017 to 17.02.2018. Resultantly, recovery as such is sought to be made from the petitioner after he retired. A perusal of the writ petition does not show that the petitioner had approached the respondents on the ground that he never raised TA/DA bill twice.

Keeping in view the fact that specific period has been mentioned and the amounts are stated to be paid, the details of which are given alongwith Annexure P-1, this Court is of the opinion that the petitioner should firstly approach the respondents for clarifying whatever doubt is there in his mind as to whether the recovery is sustainable or not. Approaching this Court, firstly, against the demand of depositing the amount is premature at this stage.

CWP No. 37264 of 2019 Accordingly, counsel submits that he does not wish to press the present petition and prays for withdrawal of the same with liberty to approach the respondents, at the first instance. Ordered accordingly.

20.12.2019 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No