MOHAMMAD SULTAN Vs. A P DAIRY DEVELOPMENT

JUDGEMENT

(1.) The petitioner impugned in this writ petition the proceedings dated 3rd September, 1986, ordering recovery of Rs.21,361-45 ps. in 142 instalments at the rate of Rs.150/- per month and Rs.61-45 ps. for the last 143rd instalment from the salary every month commencing from September, 1986.

(2.) The contention raised on behalf of the petitioner and argued by the learned counsel for the petitioner Sri Venkataramana, is that the recovery is by way of penalty and therefore the authorities cannot recover the amount from the salary without giving any opportunity of hearing which is violative of the principles of natural justice. It is also further contended that though enquiry relating to misconduct was conducted, with regard to the recovery of the amount, there is no express charge. After the report was submitted by the Enquiry Officer, the Disciplinary authority issued a preliminary show cause notice dated March 3, 1984 indicating the provisional conclusion to recover ten per cent of the misappropriated amount viz., Rs.2,13,614-45 ps. by the five officers including the petitioner, which comes to Rs.21,361-45 ps. But before reaching that conclusion, no opportunity was given to the petitioner and that therefore after submitting explanation, the final order also does not carry any further weight and therefore the recovery ordered is illegal and a manifest error apparent on the face of the record was crept in warranting interference. The question, therefore is whether the respondent-Management has got power and jurisdiction to recover the amount from the petitioner and others. Regulation 11(d) of the Andhra Pradesh Dairy Development Limited Certified Standing Orders issued in proceedings No .24501 dated October31,1982, provides that:

(3.) Section 7 of the Payment of Wages Act IV of 1936, for short "the Act" provides that: