K CHINNAPPAN Vs. DISTRICT ADHI DRVIDAR AND TRIBAL WELFARE OFFICER; SPECIAL TAHSILDAR (ADW) VIRUDHACHALAM

JUDGEMENT

(1.) The short point that arises for consideration herein is as to whether the petitioner is liable to repay the excess amount which is paid to him by erroneous fixation of pay by the department without any fraudulent act or misrepresentation from his side.

(2.) The few facts which are relevant for consideration herein are as follows : the petitioner was issued with show cause notice by the first respondent on 02.04.2001, directing him to show cause within 15days as to why recovery of Rs.97,388/- representing excess payment should not be made during the period from 01.01.1996 to 31.08.1998 and also for the discrepancies noted during further period. However, before expiry of 15days time, the respondent by order dated 12.4.2001 directed the petitioner to pay the sum of Rs.97,388/- immediately. Challenging the same, the petitioner preferred O.A.No.4383/2001 before the Tamil Nadu Administrative Tribunal. The Tribunal directed the petitioner to submit his explanation to the show cause notice. Pursuant to the same, the petitioner submitted his explanation and requested to furnish a copy of the audit report. However, the first respondent, without considering his explanation and without furnishing audit report, passed the impugned order. Hence, O.A.No.4103/2002 came to be filed before the Tribunal, which was subsequently transferred to this Court and renumbered as present writ petition.

(3.) Heard both sides.