LAWS(MAD)-2008-12-106

SUNDARAMOORTHY Vs. ACCOUNTANT GENERAL GOVERNMENT OF TAMIL NADU

Decided On December 05, 2008
SUNDARAMOORTHY Appellant
V/S
ACCOUNTANT GENERAL GOVERNMENT OF TAMIL NADU, CHENNAI Respondents

JUDGEMENT

(1.) BY consent of both sides, writ petition is taken up for final disposal.

(2.) THE Prayer in the writ petition is to issue a Writ of Certiorari calling for the records of the fourth respondent in his proceedings Na.Ka.No.3018/99 Aa 5, dated 25.3.2000 and quash the same.

(3.) THE learned counsel appearing for the petitioner submits that without any misrepresentation or furnishing wrong details by the petitioners, the petitioner-s salary was fixed and paid and now the fourth respondent has passed the impugned order without giving any notice or opportunity of hearing. THE learned counsel for the petitioner further submitted that the issue as to whether any recovery could be made from the salary already paid to an employee without any misrepresentation or suppression of fact on the part of the employee was considered and it is held that no recovery could be made from the salary already paid.