UNION OF INDIA Vs. S RAJENDRAN

JUDGEMENT

(1.) HEARD the arguments of Mr. V. Radhakrishnan, learned Standing Counsel representing the petitioners and Mr.K.M.Ramesh, learned counsel appearing for the first respondent and perused the records.

(2.) CHALLENGING the order of the Central Administrative Tribunal [for short, 'CAT'] dated 06.02.2004 passed in O.A. No. 667 of 2003, the Union of India represented by the Chairman, Railway Board and two other officers of the Integral Coach Factory have filed the present writ petition.

(3.) ACCORDING to the first respondent, the allotment order did not contain the said stipulation and that whenever he had asked for extention of leave, he should seek for its retention, was not intimated to him. The first respondent preferred an appeal dated 08.10.1999 to the Senior Personnel Officer (third petitioner). But, however, the second petitioner, by a letter dated 16.11.1999, informed the first respondent that he was liable to pay Rs.87,171/- and hence, Rs.5000/- per month will be deducted from his salary from November 1999 onwards. The first respondent submitted that since his appeal was not disposed of, he should not be made to pay the amount pending the appeal. Notwithstanding his submissions, amounts were deducted from his salary from November 1999 onwards. Upto July 2003, a sum of Rs.57,000/- was deducted from his salary and he was also informed that the Railway Board had rejected his request for waiver. The first respondent approached the Central Administrative Tribunal (CAT) with O.A. No. 667 of 2003 challenging the order of recovery.