UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is directed against the order passed in O.A. No. 988 of 2003 by the Central Administrative Tribunal, Patna Bench, Patna ("Tribunal"), on 23.11.2005, whereby and whereunder, the claim of the original applicant -respondent for refund of recovery of damage rent and over -payment of pay from the retiral benefits to the original applicant, respondent no. 2 here, after a long time effected by the petitioner Union of India came to be allowed.

(2.) THE application of the original applicant -respondent no. 2 here, before the Tribunal was allowed to the extent that the original respondent, petitioner in this petition, has been directed to refund the amount which has been recovered from the pay as well as retiral benefit towards the alleged excess payment of pay of original applicant -respondent no. 2 with a further direction to refund the same within a period of two months from the date of receipt of the copy of the order.

(3.) UPON consent of the parties, this application is taken up for final disposal at this stage itself. Therefore, we have heard the learned counsel for the parties and examined the factual matrix. We have also taken into consideration the relevant proposition of law, as well as, text and context of the impugned order passed by the Tribunal.