Calcutta High CourtWPA/11046/2023dismissed

Nandan Jha And ORS. v. Union Of India And ORS.

2024-07-04Hon'Ble Justice Ravi Krishan Kapur2 pages

D/L.8.

July 4, 2024.

MNS.

WPA No. 11046 of 2023 Nandan Jha Vs.

Union of India and others Ms. Pronoti Goswami, Ms. Krishna Yadav ... for the petitioner.

Mr. Atarup Banerjee, Mrs. Sarda Sha ...for the Union of India.

The grievance of the petitioner is directed against a decision seeking refund of excess Risk and Hardship Allowance paid to the petitioner by the concerned respondent authorities.

It is also submitted on behalf of the petitioner that by a communication dated January 20, 2023 passed by the Drawing & Disbursing Officer, ITS, SSB, Kolkata, the respondents are seeking recovery of excess payments made to government servants.

On behalf of the respondent authorities it is submitted that after a careful and detail scrutiny it was found that the petitioner has been excessively paid and is liable to refund the amount wrongfully paid to the petitioner. In such circumstances, there is no question of any order being passed in favour of the petitioner.

Admittedly, by the Office Memorandum dated January 20, 2023, the respondent authorities after conducting a detailed audit and inspection of their accounts are seeking to recover the excess payment made under the head of Risk and Hardship Allowance from the petitioner. There is no ground made out justifying any interference with the impugned communication dated January 20, 2023 and the petitioner is liable to refund the excess payment made under the head of Risk and Hardship Allowance. The respondent authorities also rely on an Accounts Internal Inspection Report.

Moreover, by the impugned communication, the Competent Authority has directed the Drawing and Disbursing Officer, ITS, SSB, Kolkata, to take necessary steps to recover the excess amount. In such circumstances, there is no merit in this writ petition. In view of the above, WPA No. 11046 of 2023 stands dismissed.

The respondent authorities are at liberty to act expeditiously in accordance with law.

However, there shall be no order as to costs. (Ravi Krishan Kapur, J.)