UNION OF INDIA Vs. ISHWARIPRASAD ANANTRAO PADHYA

JUDGEMENT

(1.) This petition is filed by the Union of India challenging the judgment of the Central Administrative Tribunal, Ahmedabad ('Tribunal' for short) dated February 15, 2011 in O.A. No.235 of 2009.

(2.) Facts are as under :

(3.) Learned counsel Ms.R.V. Acharya for the petitioners contended that the respondent No.1 was not entitled to draw the NPA since he was not registered with Veterinary Council of India. He drew such NPA as drawing and disbursing authority himself without any knowledge of the department. Mere drawing of such NPA would not entitle him to avoid recovery. She relied on the provisions contained in the Veterinary Council Act and the Government circulars to contend that respondent No.1 was not entitled to draw the NPA. Ms.Acharya relied on the decision of the Supreme Court in the case of Chandi Prasad Uniyal and others v. State of Uttarakhand and others, reported in (2012) 8 SCC 417, in support of her submissions.