CHIEF ACCOUNT OFFICER Vs. MOHD IDRISH

JUDGEMENT

(1.) The Writ Petition No.66820 of 2010 has been filed by the Chief Account Officer (GPF), Controller of Communication Accounts and Union of India, and the Writ Petition No.68908 of 2010 has been filed by the Chief General Manager U.P. East Telecom Circle, Telecom District Manager, B.S.N.L. Jaunpur and Accounts Officer (Cash), O/o T.D.M. B.S.N.L. Jaunpur.

(2.) In both the writ petitions the petitioners are challenging the order of the Central Administrative Tribunal, Allahabad Bench, Allahabad dated 11.08.2010 in Original Application No.1392 of 2009.

(3.) The brief facts of the case are that the respondent was the employee in the Department of Telecommunication since 21.03.1969 and retired on 29.5.2003. After six years from the date of retirement a recovery notice dated 17.08.2009? has been issued by the petitioners asking the respondent to pay the sum of Rs.1,12,525/-. According to the notice, the respondent has been paid the amount in excess in the financial year 1996-97. The respondent filed his reply vide letter dated 15.09.2009 contesting the notice on the ground that the recovery after the retirement of six years is illegally, arbitrarily and without jurisdiction. When no response has been received from the petitioners, the respondent filed a Writ Petition No.53004 of 2009, which has been dismissed on the ground of alternative remedy. In pursuance thereof the respondent filed Original Application No.1392 of 2009 before the Tribunal. The Tribunal vide order dated 11.08.2010 allowed the Original Application. The Tribunal held as follows:-