GOPAL G. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 29/7/2022 informing the petitioner that there shall be deduction at the rate of Rs.3,925.00 per month for excess payment of Rs.1,29,525.00 as DCRG and Rs.1,53,978.00 as CVP and consequentially family pension will be reduced from Rs.21,834.00 to Rs.19,217.00 per month and the aforesaid amount will be recovered out of future DA on pension. Sri Vijaya Kumar, the learned counsel for the petitioner and Sri M.S.Nagaraja, the learned Additional Government Advocate who was granted opportunity to secure instructions on the petitioner's request for the interim relief, are heard with their consent for final disposal.

(2.) The petitioner's grievance is premised in the ground that the impugned order is issued without any notice and therefore, it is violation of principles of natural justice. In continuation of this primary grievance, Sri Vijaya Kumar, the learned counsel for the petitioner, submits that if the petitioner was only issued with show cause notice, he could have drawn the attention of the concerned to the salient proposition that under certain circumstances, there cannot be an order for recovery of excess amount and in this regard, Sri Vijaya Kumar relies upon the decision of the State of Punjab and Others v. Rafiq Masih [White Washer] and Others, (2015) 4 SCC 334 .

(3.) Sri Vijaya Kumar draws the attention of this Court to paragraph -8 of the decision which reads as under: