Delhi High Court - Orders
Kulamani Biswal vs Union Of India on 7 March, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1919/2024
KULAMANI BISWAL ..... Petitioner
Through: Mr. Parag Tripathi, Senior Advocate
with Mr. Vivek Pathak, Mr. Amit
Kumar, Mr. Rakesh Pandey, Ms.
Aarushi Mishra and Ms. Kritika,
Advocates
versus
UNION OF INDIA ..... Respondent
Through: Ms. Radhika Bishwajit Dubey, SPC
with Ms. Ananya Sikri, Advocate for
UOI
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 07.03.2024 (The proceeding has been conducted through Hybrid Mode) CM APPL. 14230/2024
1. At the outset, Mr. Parag Tripathi, learned senior counsel, on instructions, submits that so far as the issue regarding challenge to order dated 04.01.2024 dismissing/terminating the services of the petitioner is concerned, the application which was filed and is pending before the learned Division Bench in LPA No.424/2022 shall be restricted only to the medical benefits alone on the ground that the substantive challenge thereto has been made in the present petition.
2. This is an application under Section 151 CPC, 1908 seeking ad interim stay of demand notice dated 24.02.2024 issued by the respondent W.P.(C) 1919/2024 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2024 at 21:26:22 seeking recovery of a sum of Rs.63,90,739/- in accordance with the Annexure I attached thereto.
3. Mr. Parag Tripathi, learned senior counsel appearing for the applicant/petitioner submits that as per Rule 22 of the CDA Rules of NTPC, regarding "Treatment of the Period of Suspension", particularly to sub- clause (3) thereto, the recovery of subsistence allowance is prohibited. Whereas, in the demand notice dated 24.02.2024, the respondent has included a sum of Rs.15,49,359/- on account of subsistence allowance, an amount which is irrecoverable.
4. So far as the other amounts are concerned, Mr. Tripathi submits that there is no reasoning given as to on what basis and how the same would be recoverable from the applicant/petitioner. Merely on the basis that the applicant/petitioner has been dismissed, seeking recovery of those amounts, without any reason, cannot be countenanced in law.
5. Issue notice.
6. Notice accepted by Ms. Radhika Bishwajit Dubey, learned SPC for UOI, who seeks to file response thereto.
7. The affidavit be filed within two weeks. Rejoinder, thereto if any, within one week, thereafter.
8. For the purpose of ad interim injunction, it would be relevant to consider sub-Clause (3) of Rule 22 of the CDA Rules, which is extracted hereunder:-
"Rule 22 Treatment of the Period of Suspension (3) In cases where the employee is dismissed/removed/ compulsorily retired, as penalty specified in Rule 23, no separate order will be required for treatment of the period of W.P.(C) 1919/2024 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2024 at 21:26:22 suspension, however, the subsistence allowance paid to the employee till his separation will not be recovered."
9. It is apparent from a reading of the aforesaid clause that the recovery of subsistence allowance paid to the employee till the separation has been strictly prohibited under the said clause. A perusal of the recovery notice dated 24.02.2024 does not reflect any reasoning as to on what basis, the non- applicant/respondent is seeking to make recoveries, particularly the subsistence allowance which is an amount paid to the incumbent under suspension for his sustenance.
10. That apart, so far as the other amounts are also concerned, the said notice does not show either as to on what basis, the same are being sought to be recovered.
11. In view of the above, till the next date of hearing, the recovery notice dated 24.02.2024 shall be kept in abeyance.
12. List this application alongwith the main petition on the date already fixed, i.e., 03.04.2024.
TUSHAR RAO GEDELA, J MARCH 7, 2024 Aj W.P.(C) 1919/2024 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2024 at 21:26:22