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Judgment
Aradhana Johri, Member (A)
The applicant is a Group-C employee with the Respondent organization. On 21.05.2021 his emoluments were re-fixed downwards on account of
certain revised pay fixation. Subsequently on 24.05.2021 the applicant was asked to deposit Rs.1,74,000/- into the government account. The applicant
has taken several grounds in this OA, one of which is that no Show Cause Notice was given to him and proceedings have been initiated against the
principles of natural justice.
Ms. Esha Mazumdar, learned counsel, who appeared on instructions from the respondents, states that the recovery was made on account of wrong
fixation of 3rd MACP. This wrong fixation was done not only for the applicant but a large number of employees and recoveries have been issued for
all of them. She also stated that recovery has been made much prior to the retirement of the applicant.
At this stage, without entering into the merits of the case, it is observed that no show cause notice has been given to the employee, therefore, the
said impugned recovery order dated 24.05.2021 is set aside. It is clarified that no comments have been made on the merit of the matter. The
respondents are free to proceed after giving due notice and opportunity to the applicant.
The OA is disposed of in view of the aforesaid para 3. No order as to costs.
