S NAMACHIVAYAM Vs. DEPUTY DIRECTOR HYDRAULICS INSTITUTE OF HYDRAULICS AND HYDROLOGY POONDI THIRUVALLUR DISTRICT

JUDGEMENT

(1.) The Original Application in O.A. No. 7547 of 1999 before the Tamil Nadu Administrative Tribunal is the present writ petition.

(2.) The petitioner is only challenging the re-fixation and recovery order passed by the Deputy Director(Hydraulics), Institute of Hydraulics and Hydrology, Poondi, Thiruvallur District, dated 02.09.1992. The only point raised by the petitioner was before the order of recovery and the re-fixation, no notice has been issued at all. The recovery has been done as per the audit objections which was also not communicated to the petitioner. Therefore, any recovery of money from Government servant without notice is invalid. Therefore, the petitioner is now challenging the impugned order. But, the Government has not filed any counter.

(3.) The learned government Advocate would contend that subsequent audit objection has revealed the mistake and the authority can definitely recover and re-fix the salary and hence, the order issued by the authority was valid.