UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Instant petition is directed against order of the ld.Central Administrative Tribunal dt.21.08.2006.

(2.) The respondent employee approached the ld.Tribunal with the grievance that a sum of Rs.11,000/- has been arbitrarily recovered from his salary which could not have been legally recovered from him and made following prayer:-

(3.) Although he could not approach at the relevant point of time but some of the employees filed their Original Application before the ld.Tribunal and in one of such Original Application No.39/2000 which was disposed of vide order dt.12.04.2002 it was held that recovery of the alleged excess amount from the employee could not have been even if he has received the excess payment as there was no fault and misrepresentation on his behalf placing reliance on judgment of the Apex Court in the case of Shyambabu Verma Vs. Union of India reported in 1994 SCC (L&S) 1320 and Sahib Ram Vs. State of Haryana and Ors. reported in 1995 SCC (L&S) 248 and taking note of the earlier order of the ld.Tribunal, of which reference has been made dt.12.04.2002, while disposing of the Original Application filed by the respondent, the ld.Tribunal arrived to the conclusion that recovery made from the respondent to the tune of Rs.11,000/- from his salary was not justified and accordingly directed to refund the said amount, recovered from the respondent, under order impugned dt.15.10.1999.