Central Administrative Tribunal - Chandigarh
Vijay Kumar Arora Son Of Shri Bhisham Lal vs Union Of India on 30 March, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH O.A.NO. 816/CH/2011 Decided on: 30.03.2012 Coram: Honble Mr. Justice S.D. Anand, Member (J) Vijay Kumar Arora son of Shri Bhisham Lal, resident of House No. 32 F, DDA Flats, Munirka, New Delhi. .Applicant Versus
1. Union of India, through its Secretary, Audit & Accounts Department, New Delhi.
2. Comptroller Auditor General of India, 9, Deen Dyal, Upadhya Marg, New Delhi.
3. Accountant General (Audit), Haryana, Plot No. 4-5, Sector 33-B, Dakshin Marg, Chandigarh. ..Respondents Present: None for the applicant Mr. I.S. Sidhu, counsel for the respondents Order (Oral) BY HONBLE MR. JUSTICE S.D. ANAND, MEMBER(J)
1. The applicant applied for the quashment of the impugned order dated 07.03.2011 (Annexure A-3), issued by the respondent no. 3 to the extent of recovery of Rs.91,225/- from the DCRG (Death cum Retirement Gratuity) of the applicant on account of penal interest for non-issuance of built up house from House Building Advance.
2. The respondents denied that the recovery effected was on account of penal interest for non-issuance of the built up house. It was averred that the recovery aforementioned is in respect of the interest payable on the House Building Advance.
3. In order to clarify the pleadings-related confusion, the respondents were directed to file an affidavit pointedly indicating the nature of deduction i.e. whether it represents the penal rent imposed upon the applicant for the delay in obtaining insurance of house or whether it represents the interest payable on the HBA.
4. The learned counsel for the respondents has placed on record an affidavit of Deputy Accountant-General (in the office of Principal Accountant General (Audit), Haryana) which is full supportive of the stand indicated by the respondents in the counter.
5. As already noticed, none has entered appearance on behalf of the applicant today. None had appeared on behalf of the applicant on 21.03.2012 and 26.03.2012 as well.
6. In view, thus, of the affidavit- supported -averment, the applicant shall stand non-suited, particularly when he has not placed on record any documentation to support the plea raised by him qua the nature of recovery.
7. The parties shall bear their own costs of the cause in the facts and circumstances of the case.
(JUSTICE S.D. ANAND) MEMBER (J) PLACE: Chandigarh Dated: 30.03.2012 mw
- 3- O.A. No. 816/CH/2011