R. KRISHNAMOORTHY Vs. ANNA UNIVERSITY OF TECHNOLOGY

JUDGEMENT

(1.) THE petitioner is aggrieved, by an order passed by the first respondent, in ordering recovery from the petitioner, on the ground, that he was inadvertently paid pay commission arrears, to which the petitioner was not entitled to.

(2.) THE learned counsel for the petitioner challenged the impugned order, on the ground, that though the order affects the civil rights of the petitioner, no notice before ordering recovery was issued.

(3.) I find force in the contention raised by learned counsel for the petitioner. A reading of the impugned order shows, that the order of recovery has been passed, on the ground, that monetary benefit was wrongly granted to the petitioner. The respondents, cannot recover the amount, as there are no allegation of fraud or mis-representation against the petitioner. Further more reading of the impugned order shows, that no notice was issued to the petitioner, before ordering recovery, the impugned order, therefore is also violative of principles of natural justice.