Central Administrative Tribunal - Gauhati
Ram Singh Sanwal vs M/O Home Affairs on 19 September, 2017
ay CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH Original Application No. 043/0029 1/2016 | THE HON'BLE MOHD. HALEEM KHAN, ADMINISTRATIVE MEMBER Sri Ram Singh Sanwa, Deputy Central intelligence Officer/Execuiive, intelligence Bureau, S/o Late Mamraj Sanwal, House No.45} Ward No.23, New Kench's Trace Bishnupur, Shillong, PIN: 793 004. Applicant Mr, U.K Nair, Sr Advocate, MrA.Chetr, MaH.K.Das & Ms. N.Shyamal ~VETSuUS- The Union of india Represented by the Secretary Government of india Ministry of Home Affairs North Block, Central Secretariat New Delhi-170 001. The Director, Intelligence Bureau Ministry of Horne Affairs Government of india New Deih-?] 10 001, The Joint Deputy Director intelligence Bureau Ministry of Home Affairs Government of Home Affairs Government of india New Delhi-1 10001. ... Respondents. 'By Advocate: MR Hazarka, Addl C.GS.C. Date of hearing: 02.08.2017, Date of pronouncement: /F.09.2017 Sate : OA.043/00291 (2016 ORDER MOHD. HALEEM KHAN, MEMBER (A):
Shri Ram Singh Sanwal, Depuly Central Intelligence Officer/Executive, intelligence Bureau, has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking following relliel(s}:-
SS "81 To quash and set aside the Impugned orders dated 25.05.0016 [Annexure-12], 26.04.2016 fAnnexure-14] and 10.72.2016. [Annexure-15] with ali consequential benefits.
8.2 To direct the respondents to continue with payment of House Rent Allowance fo the applicant with all consequenfial benefits.
83 To direct the respondents fo grant and release the arreqar House Rent Allowance woe! July.
2015 legally stopped by the respondenis with all consequential benefits.
LEO Vie 8.4 To direct the respondents fo refund the recovery already made from the salary of ihe applicant with all consequential benefits. 8.5 Costs of the application.
8.5 Pass any such order/orders as Your Lordships moy deem fitand proper."
bh The applicant also sought following Inferim orders:-
Page 2.0f 25 OA.043 (0029 1/2016 "Pending disposal of the present original apolication the applicant prays for an interim order fo direct the responders no} fo make any further recovery from fhe salary of the apnlicant"
3. Briefly, the apolicant loined the intelligence Bureau on 24.04.1986 as Junior Intelligence Officer A/G and he was adjudged best cadet in fhe institute. On completion of training. he was posied ai SIB, Shillong in September, 1986. In the year 1989, he was awarded second highest reward In the Bureau, namely, "SUKRITY for his outstanding performarice.
According fo the applicant, in 1991, he volunteered. for posting in Jammu & Kashmir and served there for six months. In recognition of his outstanding service, in 1992, the applicant was selected for UN Plece Mission and in view of his special coniribution he was rewarded UN Peace Medal in the year 1993 by UN, 4 " « Tne applicant got promoted in Novernber, 1993 as Assistant Central intelligence Officer-lI/G and posted at SIB, Jaipur along with. his spouse and In 2002 he was pasted at Shitong, The applicant further submitted that in view of his meritorious service, he was promoted as Assistant Central on ~ ASO, » < Page 3 of 25 , OA G43 {0029} /2078 intelligence Officer/G in ihe year 2006 ond was again rewarded "SUKRITY in 2008. The applicant supmilied fhat in the year 2011, he was further promoted as DCIO/Exe and was posted at Gangtok, Sikkim along with his spouse. Only offer 12 months stay af Sikkim, the applicant was transferred jo Regional Training Centre {RTC in short], Jodhpur fo meet the shortage af facully and was assured 2 years fenure. The applicant accepted the call of duly and joined Jodhpur leaving his wife at Sikkim. The appiicant further suornitted that he went through a screening process and was appoinied as faculty in RCT, Jodhpur wef. 19.06.2013, According fo ihe applicant, TH joining Jodhpur, his service career passed a * outstandingly. On joining RTC, Jodhpur, ihe applicant! was provided 1 roam in the faculty house for his slay on daily rent basis Hh sultable accommodation could be arranged. Several months passed and when the responcients ignored the need of the apolicant, he trled to find a private house as he was Raving oroblems in the single roorn made available. According to the applicant, he planned fo shift fo private accommodation on 01.07.2013, and accordingly, applied for grant af HRA, Page 4of 25 OA.043/00291/2018
5. The applicant further suomiied fhat he was assigned the duties to conduct and supervise The outdoor training activities which stort at 5.30 hrs in the morming along with indoor classes. Applicant accordingly informed verbally to the respondents fhat he is shifting fo rented aecommodation, and therefore, a vehicle should be ovailable fo pick him up at 5.00 hrs daily so that ne could discharge his responsibility of organizing training activities. at 5.30 ys in the snoring. The respondents declined fo provide ihe facility on the ground that the driver Is living in a far of place, and accordingly, directed the applicant fo stay putin ihe facully house. The apolicant though found the concem of ihe respondents for driver's comfort! more pressing than jhe inconvenience of ihe applicant, however, in deference fo the superior authority continued in the small room of the faculty nouse at the cost of his personal discomfort and payment oF R3.50/ - per day.
6 The applicant further submitted that by order dated 03.10.2013, the Assistant Director, RIC, Jodhour modified the distribution of works. In addition fo Ais Indeer and ouldoor Page Saf 25 QA.043/00291 (2016 training duties, applicant was assigned the additional duties of warden, mess, building securing and cleanliness of the campus wifhout considering his arievance of allolment of | accommodation. The doplicant also highlighted that he was wiotted only a small roorn of the facully house and other rooms were used by ofher offices, visiling facully guests etc. for thelr stay. According fo the applicant. he made a representation on 29.1).2013 to the Assistant Direcfor, RTC and submitted that outdoor activities fike PT. drill and yoga starls early morning af 5:30 hrs and games are organized in the afierncon and continued up fo 18:00 hrs. Due fo such long stretch of duties he requested for accommeadaiion inside RIC campus. The matter was forwarded by the Assisiant Director, Training, RTC, Jochpur on 29.11.9013 to the Assistant Director, Administration, $18, Jaiour but to no avail excep! for tre verbal assurance that once the warden accommodation is complete, H wil be allotted fa him. The same, however, on being completed, was allotted fo another colleague ignoring his superior claim, which is manifestly molafide and fo make 43 service ife of the applicant miserable. The applicant further CSET NCORLOS.
suomitted that his request for appropriate accommodation Page 6 of 25 has not materiaized even fil hls transfer. According fo the applicant, it was purposefully done to harass the applicant as gecommodations falling vacant were cilotted to his juniors. One Type-V quarter remained unoccupied for more than one yea and used by one Grade-lV employee causing loss fo the eicheauer The applicant further submitted that even the contingency stall, who were not entitied to accommodation, were ciloHed 2 to 3rooms set in the institute.
7. On 04.06.2015. the applicant recelved a memorandum asking hirn to explain as to why sultable action should no? be inflicted against him for drawing HRA while staying in govt. accommodation, The applicant submitted his | representation on 10.06.2015 and supmilted that he is entitled to Typet¥ accommodation but the same was not allotted to hie and he had fo perforce stay in ene room of the faculty house by paying Rs.50/- per day. The applicant also in the reply narrated that Sri P.L.Deepak, JDD (retired, Sr Vinay Kumar AD [retired] and Sri Mohan Lal Agarwal, JOD (elired) continued fo remain in their govt. accommodation. The applicant also mentioned that the respondents have wine oy.
OA.043/00291/2016 Page 7 of 28 OA.043/0029 1 (2016 arbitrarily sewed 4 foams and 3 rooms accommodations fo Si Gopal Sing and Sn Hozar Singh, who were caniingency staff anda were nol eniilled fo govi accommodation. According to the appliconi, since he was nol given: accommedation as per his entitiement, he was fully justified in geiving HRA.
&. The appfcant further suonitted fhat in November, 2014, the applicant submitted application for spouse posting at Shilong at the fime of annual general transfer for the year 9015. The apolicant further cantended that the fhen Joint Direcior, SIB, Jaipur (Admn Controller) Sri PS Purohit did not forward his application fa the competent authority. Nether he was informed of the same. Only affer ihe transfer list of 2013 was out and his name did not appear, he tried io find ine reosons and came fo know thot his aoplication was not forwarded because he had not completed his tenure by fhen. His aoolicalion for transfer, however, was forwarded as a special case subsequenily, but Si P.S.Purehi and Si Roopkumor, JDD/E, Jaipur tfed thelr besi to harass the aoniicant and forwarded his iransfer application in a way thal ao AARNE > ze y Page & af 25 DA,043/0029 1/2016 he did not gel transfer allowances efc., In the month of s August, 2015, he received his transfer order without transfer benefits, and accordingly, relleved om 31.10.2015. In the relieving certificate, the Assisiant Director, RTC showed the outstanding dues of the facully house.
9, According to the applicant, the respondents, without passing any orders on the application of the applicant dated 10,06.2015, stopped payment of HRA from the month of July, 2015. Accordingly, qpaplicant made representation against the stoppage of HRA. The Assistant Director/A, SIB, Jaipur issued a memorandum dated 19.06.2015 that the applicant nas giver address of rented accommodation outside the office carnous fo avail the HRA, buf on enquiry he was found fo have stayed in the faculty house, therefore, payment of HRA was stopped. The applicant was further asked io explain as fo why recovery of HRA shauid not be | ardered from the date of joining af RIC, Jodhpur. The applicant made a representation dated 09.04.2015 and explained that he would hove shiffed fo the rented accommodation on 01.07.2013 with due information fo the nnn eA AER, AX/SIB and AD/RIC on 30.06.2013, but on being directed to stay In the campus as no driver wos available fo bring him for duty in fhe morning, the aoplicanf had te sniff siay pul in the to one room accommodation in the facully house, According fo The applicant, he was paying requiar rent for slaying in one room in the facully house, therefore, he may mot be denied HRA. According fo fhe applicant, fhe respondents have collected rent frorn him for one room accommodation in the faculty house and lajer on also denied HRA to him. According to Tre applicant, ine withdrawal af HRA paid to him from 17.06.2013 fo 30.06.2015 by order dated 10.12.2018 is nol legally tenable, The applicant further submitted that he has. made o representation fo the Director, IB, New Delhi on 1BI2 2015 In this regard and also sought time for being personally heard by Director, |B, but fhe same was not granted and an order dated 26.04.2016 was issued to continue the recovery and accordingly by order dated 25.05.2016. recovery of HRA paid for the period 17.06.2013 to 30.06.2015 was ordered fo be recovered in 24 instalments from the pay of month of May, 2016 onwards, OA.043/0029 1 (2018 OA043 (00291 (2016 10: According to the applicant, OM no6.31.03.1987 in para Siv} provides for construction of adequate residential : quarter for housing the facully rnernbers and whenever the same is not available there is a provision for hiring houses at government cost and renting it to faculty members as is done : fhe Ministry of Railways and the Services Headquarters. The applicant was neither provided accommodation, instead was allotted ia use one bed in a hall along with several other colleague, which the applicant contended, is not legatly sustainable. Accarding. to the applicant, as per the DoPT instruction, following are The conditions for payment of HRA-
"t. Eligibility-
§} Employees nmof provided with Government acconnnedation are enitied fo HRA at prescribed rates, .
{H} Employees staying in rerifed accornrmodation, paying or contributing towards rent of fhe house are also eligible for HRA. No rent receip? is necessary.
(id) Employees staying in house owned by self, spouse, children or parents, a Hindi Undivided Family of which he is a coparcener, and paying or coniibuting towards house tax/maintenance of the house, are also eligible for HRA."
1, Accarding fo the applicant, his case falls in the second catagory of the above provisions, and therefore, the : Speer Page Ti of 25 OA.043/0029 1/2016 action of the respondents is not legally sustainable and the sald action of the respondents js only to harass the applicant,
12. in view of the above submissions, the applicant sought that odiance of convenience ies in fovour of an interim order staying the recovery by this Tribunal. The applicant also prayed for OA fo be allowed fo meet the ends of justice.
13. Accordingly, notices were isuved and the responcents were direcied not fo make further recovery from ine salary of the anplicant, 14, The respondents have fled ine written statement denying the avermenis made in the OA except those admitted or supported by documents. The respondents admitted the details provided by the applicant with regard to his aopoiniment, postings, award of 'Sukrii' medals anc also the United Nations mecal, award of 'Suki again in 2008 amd cromotion as DCIO and posting af Ganatok. s vend aa a @ 2 O Ss ae Q.
45) "% a however, controverted the submissions made in para 4.5 of the OA and submitte threat aeinetniersen 8 Page [2 of 25 OA,043/0029 71/2018 applicant voluntarily opted for one roam in the facully house and the amount paid by him is towards maintenance charges, that is, electricity, water and cleaning charges and no rent was charged for his stay in the faculty house, The respondents submitted that fer claiming HRA applicant mentioned nis address as 35, Subhash Nagar, Bhadwasiya Road, Jodhpur, Rajasthan. On enquiry ihe address given by the applicant was found fake and if was found that he was residing in the facully house. According fo the responders, applicant submitted false claim of HRA against the Govt. § norms and he was residing in the facully house. The respondents emphasized that apolicant was not bound fo stay inthe facully house, he siayed there voluntarily.
16. Accarding fo the respondenis fhe applicant applied for allotment of enitied accommedation, that. is, IypelV quarter, Since type-l¥ quarter was not available he could not be allotted the same. The applicant did not apply for one calegory lower or one category upper than the entitled accommodation. The respondents further clarified that iniially applicant wos appainted as v arden of the RTC LILLE Cee OA.043/0029] (2016 &.
'Rostel, however, icter on, Sd V.K.Dangwal, DCIO was appointed as warden and, therefore, ne was alotied the warden house after lis completion, The respondents emphasized that HRA is not acdmissipie to those provided Win Semi Govt accommodation. Since the applicant was alowed Govt. accommodation in the facully house, he ls not enitied fo HRA. The respondents further clarified that some contingency staff Have been provided accommodation in the RTC campus and they ore not being paid HRA. They are keot in the campus to avail thelr services in odd hours. The respondents also submitted fhat some retired officers are invied to give lectures fo the trainees as guest faculties and they are accommodated in the ques! house. g ve The respondents controverfed the submissions raade by the applicant in para 4.11. of the OA on The ground that his transfer was not due, therefore, if was nol forwarded io IB Aars,, New Delhi. According fo the respondenis, as soon as ff} care jo the nofice that he is living in ihe facully house, HRA wos stopped. The respondents further submilfed that the agplicant has also admitted that he did nol live in the address nanan EN VORERSS = z Page 14 of 25 given Aocerdingly. | ihe respondents prayed | for dismissal of the igen The applicant fied rejoinder and refierated fhe subsmissions made in the OA and denied that he voluntarily opted for allotment of one ream accommedation in the facut ty house and s supmitfed that said statement is vague and paseless, According to the appli 'cant, he was forced fo slay in the singe room py creating such conditions. The respondents filed to provide him requisite amentiies. He could not shift to private Wouse because he was not provided a vehicle so that he could attend to his duties early in the moming. The app icant denied that the amounl of Rs.60 paid by Him per doy as mentioned in the written statement that if is tenonce charge is not correct, and in suppor of his obitertion drew our atteniion fo Annexure-1} of his OA ~ memorandum Nlo.O2/JU-RTC/PE/201 5{2)-1480 dated 30.10.20 5 issued by the Assistant Director. RIC, Jodhpur fo the Joint Deputy Director/A, SIB, Jaipur. The contents of the letier SANT ore repraduced below...
OA, 0438/0029 | (2010 OA.043 (0028 1/2010 Mermorandum Ref SIR Jolipur order No l64)/i/2015 dated 28/10/2015 from file no. | /Esh/PFI2Z55)-| 2842-97 in reference fo the above order. 3h. eS Sanwa, DOCIO/Exe(PIS No.108439} -- stands relfleved on 30/10/2015 (A/M).
He has submitted |, Card No.15, SiNo.7422. He mas aiso handed over sports/outdoor Hems in his possession, His APAR Part-I duly fiecl has been suomitted.
He hog not cleared ihe rent dues for facully house since August 2015 i dale which he occupied during hs slay in RTC Jadhpur for WICH he has represented to the JD, SB, Jaipur." femphasis supplied) Ye, Aecording je the applicant, he has crranged rented accommodation and the same was brought fo ihe notice of the Assistant Director, SIB, Jaipur and Shri Harkesh Meena, Assistant Director, RTC Jodhpur buf could nof shift because of the nature of duties imposed upon him by fhe respondens, that is, frorn 5.30 AM in fhe morning to 6.30 PM in the evening. According to the applicant, since he was poying Rs.50 per day while living In one room. of the facully house, the respondents cannot claim that fhey ore nol aware of the - f :
same and stil paid the HRA. The applicant also emphasized Poge }éafe2s OA.043/0029 1/2016
- that he only sought suitable accommodation and not type-lV quarter, and in support of his coniertion, the applicant drew ihe alfention of this court fo para 3 of the representation dated 29.11.2018 [Annexure-2 to the OA).
20. The applicant further submitted that Si VK. Dangwal wos residing in Govt accommodation at AFRI (Ard Forest Research Insitute) residential complex, Jodhpur, buf on completion of the warden accemmodation, he was appointed warden in May, 2014 so that the same could be denied to the applicant. The applicant further submitted that he was not allotted one room aecommodation in the facully house but was staying There only to fulfil the purpose of ounctvalily in attending his duties spread aver from §,30 AM To 8.30 PM, therefore, denial of HRA is no! covered by following provisions, as claimed by fhe respondents:
"gs per Rule HRA js not admissioie to those provided with Semi Govt. accornmodation."
51. 21, The applicant emphasized of his peing discriminated, as according to. him. S/Shr Hazari Singh and Gopal Singh, who were conlingency employees, were given Aenea AAS EON, OA.043/0029 1/2018 RIC quarters in the Campus, but he was denied despite the same being available. The apolicant furfher emphasized that Si Mohan Lal, ine inen 3DD and Shr M.P.Roy, ine then JDD/RCT stayed in faculty house for their tenure free of cost and they were drawing HRA. Similarly, Shr P.UDeepak ([Retd. JOD) and Shri Vinay Kumar (Retd AD] who were tre-employed in RIC stayed in faculty house free of cost for hwo years and one yeor respectively. According to the applicant, frey covid riot be classified as quest faculty. The applicant emphasized that the respondents were out fo harass fhe applicant, therefore, ney did not forward his application for transfer. The applicant emphasized that if hwas not forwarded because of being orernature, fhen how come ff was forwarded later an in the same years According fo the applicant, he has never requested for transfer al his own cos! forgoing transfer penefts, The applicant emphasized thal the respondents constantly harassed him while he was posted af RTC, Jodhpur, He was made to pay &s.50 per day for one bed in fhe facuilly mouse while the others were not. The applicant further overed that the. misrepresentotion on the part of him cannot be alleged because the respondents were aware of his stay in : : aos ¥ See = ihe facully house os they were receiving Rs.50/- per day fram him. The applicant emohasiec that he was assigned duties beginning from 5.30 AM in the moming and last being 8.30 Py in the evening and was not Provided accammodation in the COMpus, therefore, he was leff with no option butdo stay in the lacully house. According fo the applicant, under the circumstances ne has a good case one prayed for intervention of this court,
22. Meadings being complete, case was heard on 02.08.2017,
23. MrUK.Nalr, learmed senior counsel assisted by Ms.N.Shyamal, learned counsel for the applicant argued variously on the basis of various uverments made In the OA and the rejoinder, MeR.Hozarlka, learned ASA. C.G.5.C. for the respondents, however, Emphasized on the contents of thelr written Slatement in para 7, 9 and 10 and alsa highlighted the fact that HRA was Claimed by the applicant on the basis of false address. Learned Counsel for the respondents aiso highlighted that Rs.50 per day was fowards maintenance cost not the rent as claimed by the applicant, Learned senior OA,043/00291 /2014 OA. O43 (0029 1/2016 "counsel for the applicant, however, emphasized that respondents' own document has referred the payrnent ds "vant as is evident from OM dated 30.10.2005 (Annexure-1] of | ine OA), therefore, the distinction Is at best Is ar aNerthoughi on the part of the respondents.
24. din wiew of the oleadings, [he arguments of the rival parlies and the materials placed on record, the following observation are made 4} The applican! availed one room accommodation in the faculty house on payment of Rs.50/- per day form ine date of his joining RTC, Jodhpur, that is, 19,06.2013;
By order no.AD RIC/JDR/EsH/2013-750-56 dated ae, eis 03.10.2013, the applicant was assigned following
4. Shr 'Discharge the duties of warden, Rowonowal, Hostel Mess and in-charge of al BCI sors of ouldoor achviies| including sports. Building security and ifs cleaniiness. He will be esistcl Shri AL Snir, ACIO-/G, Shr FiGuriar, JIO-V/G and Shr Kishore Singh HO-G iappnnnerCeeeCeeaseet ed . 4 p33 Q OY & ie) Q ol fy Ee) OA,043/0029 1 (2018 ci The request of the applicant for alloiment of govt | aecommodation to the Assistant Director/A, SIB, Jaipur was made on 29.11.2013. The jeter is extracted below! 'Sublect) Request for Government Accommodation at RIC Campus, Jodhpur Sif, , joined RTC, Jodhpur on 17-06-2013 a3 a training facully. The Assistant Drector, RIC (Jodhpur) nominated me as Hostel Warden, Mess in-charge and in-charge of Out Door Training including sports vide order no. AD-RTC/JOR/EsH/201- 750-58 dated 03-10-2013, Besides, | have aiso been given duties of building securily and cleanliness.
2. Out Dear Training Aciivities Le. PT, Dri & Yoga start at early In the morning at 0530 hrs and games are being organized up fo 1800 hrs. lf is quite impossible to discharge the above duties withoul Raving an accornmeodation inside ihe RIC, Comous.
3. Therefore, ff is requested fhat oa sullable accommodation may kindly be allotted ja me al eorlest to. discharge my office assinnments smooth"
farnohaasis supplied) From the aoove lefter It is clear that the applicant has requested far suitable accommodation and the averment made by fhe respondents that he was ARSON > x Fage Zivot 25 OA, 043 (0029 1/2016 only pressing for tyoelV quarter is not Pomme out bY reacorals.
iy} crom representation of the aaplicant (Annexure-8 of the OA} itis clear that payment of HRA has been stopped from ine manth of duly, 2018 onwards. From ihe memorandum No.O2/esiy JU- RIC /PE/201S(2)-667 dated 10.04.2015 Tis clear thal action was taken by fhe RTC, Jodhpur in regard To payment of HRA to the applicant in response to SB, Jalour meme dated 04,06.2015. the memorandum daled 19.06.2015 Is axtracted below- 8 Memorandum Fliease fefer to sig Jatour -- Memo 2 No.27 /EStT/Misc/007 (1 p-lll-o446 dated 4/6/2019 : regarding drawing HBA in rescect of Sh RS Sanwa, DCIO RTC Jodhpur.
S ay : ee bod. .
in ihis regard enclosed please find ihe reoly for necessary action at your and please, \ ' itech . Sd/dlegibie es 10-6-2015 Assistant Director RTC, JOANPUT To the Assistant Director A SIR Joiour Enct: Ag stated."
OA.043/00291/2016 Applicant has atfached OM no,129017/2/86- Trg4TMP}) cated 31.03.1987 as Annexure-17 fo the OA. Leamed senior counsel for tne applicant eniphaiized that while this OM isameani to facilitate induction of good trainers, the respondents' action amounts fo discouragement, This contention is not borne oul as per Ammexure-7 fled with the OA. Applicant has received training allowance as weil as transfer allowance, The applicant, therefore, cannot claim fhat he {s not being given allowances as per OM dated 31.03.1987.
: ivi} fis also not disnuled that applicant did not stay In the private rented accommodation, he claimed to have taker on rent and at the same time, on thet basis, claimed HRA which does not behove fhe rewarded officer he was,
(vii) This court does not find any merit in going into the suomissions made by the applicant and confroveried by the respondents that during stay in the facully house of RTC, payment of Rs.80 per aay was towdrds maintenance charge or rent as the seaman si Page 23 of 25 OA.043/0029 1/2078 samme is not germane to the issue. The fact remains that aeplicant siayed in the facully house, and at the same time, he claimed HRA on the basis of wrong submission hat he was living in rented accommodation.
34. The apolicant has, in his avermenis, given certain names in whose cases, the accommodation was provided as well as the HRA. The same shall be looked Info by the respondents and if the applicant is found ta. be sirnilarly situctted, the same benefils shall be extended to him also as perrules. In case the names given by The applicant in his DA are found to be not similarly stuated, then, a speaking order will be passed, 26, in the representation dated 04.09.2015, the aoplicant supmitted that he has paid income fax on HRA. if the resoondents find that recovery has fo be made and applicant's case is not similar fo those quoted by tne> applicant recavery will be reduced fo the extent the applicant has paid Income tax because of enhancement in income by way of wrong payment of HRA. Applicant may diso EERE, Page 24 af 25 OA.043/0029 1/2016 fle a comprehensive representation giving specific details abou! the individuals who were staying in that period in the campus of RIC, Jodhpur and have been treated differently than the aoplicant and allawed HRA within fteen cays fram the date of receipt of this order. oF, The ressondents are directed to treat this OA along with the representation, if any, filed by fhe applicant and ¥ My consider the case of the applicant in view of fhe above ' observations and directions and pass a speaking order within a period of three months from the date of the receipt of this order.
28. The OA is disoosed of accordingly. 29, There shall be no order as fo costs. MD. HALEEM KHAN HON BLE MEMBER (4