NARESH CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Shri Rajendra Dobhal, the learned Senior Counsel assisted by Shri G.D. Joshi, Advocate for the petitioner and Shri Vikas Pandey, the learned Standing Counsel for the respondents.

(2.) THE petitioner was posted as an Upper Division Clerk in the Survey of India at Dehradun and, on 24th February, 1998 applied for Leave Travel Concession (hereinafter referred to as the LTC), for the block year 1998 -2001 for himself and for his family members, to conduct a journey from Dehradun to Kanyakumari and back. The application of the petitioner was allowed and the petitioner was sanctioned 90% of the expenses, and, a sum of Rs.17,000/ - was released. It has been stated that the petitioner undertook the journey alongwith his family members from 1st April, 1998 to 20th April, 1998 in a bus operated by Garhwal Mandal Vikas Nigam Ltd. Prior to undertaking his journey, the petitioner had submitted the receipt -cum -ticket to the authorities and also informed the authorities that the journey was being done in a bus of Garhwal Mandal Vikas Nigam Ltd.

(3.) IT transpires that after returning from the journey, the respondents issued a letter dated 27th April, 1998 to refund the entire amount, taken as advance, on the pretext that the petitioner could only perform the journey either by Railway or Government owned transport and, since the petitioner had travelled on a bus owned by Garhwal Mandal Vikas Nigam Ltd., which was not permissible, consequently, the advance given for LTC was liable to be returned. It transpires that the petitioner submitted his explanation, explaining the circumstances, under which he was compelled to perform the journey in a bus owned by Garhwal Mandal Vikas Nigam Ltd., which did not find favour with the authorities and consequently, by an order dated 19th August, 1998, the respondents passed an order directing the petitioner to refund the entire amount of Rs. 17,000/ - alongwith interest. By another order dated 6th October, 1998, the respondents passed an order that the entire amount, alongwith interest, would be recovered from the salary of the petitioner. It has been stated that a sum of Rs.1,000/ - per month is being recovered from the salary of the petitioner.