C. ANUSHYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr. S.Nedunchezhiyan, Learned Counsel for the Petitioner and Mr. V.Ravi, Learned Special Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The Writ Petition challenges the Proceedings in Na. Ka. No. 74/2015 dtd. 30/3/2016 passed by the Fourth Respondent in which the Petitioner has been required to remit the sum of Rs.1,01,636.00, which is said to have been excessively paid to him. This Court at the time of admission on 27/4/2016 had passed an order of interim stay of the impugned order, which continues to be in force till date.

(3.) It is trite law that any administrative action which involves civil consequences must be made consistently with the rules of natural justice, meaning thereby that the person concerned must be informed of the case with supporting evidence against him and he must be given a fair opportunity to meet the case before an adverse decision is taken. The Government of Tamil Nadu in G.O. Ms. No. 286, Finance (Pension) Department dtd. 28/8/2018 after referring to the principles laid down by the Hon'ble Supreme Court of India in State of Punjab -vs- Rafiq Masih (Whitewasher) [(2015) 4 SCC 334], has issued detailed instructions providing the manner in which any excess amount paid to Government Servants/Pensioners/Family Pensioners would have to be made.