S. BASKARAN Vs. SENIOR REGIONAL MANAGER

JUDGEMENT

(1.) THE petitioner was formerly working as Junior Assistant on deputation, in TASMAC between 12.09.2003 and 21.06.2004. Subsequently he was repatriated back to his parent Department at TANSI Limited, Pettai, Tirunelveli. The third respondent, the Chairman cum Managing Director of TANSI Limited, issued an order in Proceedings 2595/EB1/08 dated 15.06.2009 directing to recover a sum of Rs. 98,326/ - from the petitioner under three heads, as directed by the Senior Regional Manager, TASMAC Limited, Madurai, vide his letter dated 03.12.2007. The details of the amount to be recovered are as under: <IMG>JUDGEMENT_1398_TLMAD0_2014.jpg</IMG>

(3.) ACCORDING to the petitioner, no order of recovery was ever passed against the petitioner in respect of the above three items. Therefore, the recovery sought to be made from the petitioner is illegal, it is contended. In the counter filed by the first respondent dated 11.12.2009 in paragraph -4 it is stated that the respondents 1 and 2 issued show -cause notices on 14.10.2004, 01.09.2005, 13.04.2005 and thereafter directed the petitioner to remit a sum of Rs. 9,010/ -, Rs. 41,735/ -, Rs. 50,745/ - and Rs. 12,399/ -. It is further stated that after receipt of the above said show -cause notices, the petitioner appeared before the second respondent, and the second respondent gave him sufficient opportunity for perusing the records and giving explanation. But the petitioner did not take care to peruse the records. Thereafter, on 11.08.2004, the petitioner appeared before the second respondent for enquiry and only thereafter, the order of recovery came to be passed, it is stated.

(4.) SINCE in the counter it is not stated as to whether any opportunity was afforded to the petitioner and charge was framed and any enquiry was conducted before passing the order of recovery, this Court wanted to peruse the original records, but the records were not produced by respondents 1 and 2. The learned counsel for respondents 1 and 2 submitted that the Senior Regional Manager, TASMAC Limited, Madurai, would clarify the same. Therefore, by order dated 10.09.2014, this Court directed the first respondent to be present before this Court. Accordingly, he appeared before this Court today and he has filed additional counter dated 10.09.2014. It is stated in paragraph -6 of the additional counter, as follows: