Uttarakhand High Court
Smt Usha Kapoor vs Union Govt Of India And Others on 16 May, 2017
Author: Rajiv Sharma
Bench: Rajiv Sharma
WPSS No.04 of 2012 Hon'ble Rajiv Sharma, J.
Mr. B.B. Sharma, Advocate for the petitioner Mr. B.P.S. Mer, Brief Holder for the State.
The petitioner's husband retired on 31.07.2004. The petitioner was directed to deposit a sum of Rs. 1,45,659/- in the Treasury.
According to the respondents, excess payment has been made and on that basis recovery was ordered.
The petitioner has not been issued any show cause notice before issuance of order dated 12.12.2011. The petitioner has suffered civil and evil consequences. There is a violation of principle of natural justice. The respondents could not become a judge of their own cause. The matter requires to be independently adjudicated upon.
Accordingly, the writ petition is allowed. Impugned Annexure no.2 dated 12.12.2011 is quashed and set aside.
In normal circumstances, this Court might have permitted the respondents to proceed with the matter in accordance with law, but since, the petitioner's husband has retired on 31.07.2004, the matter is ordered to be closed.
(Rajiv Sharma, J.) 16.05.2017 Jitendra