Divl. Forest Officer, Kothagudem & Ors vs Madhusudhan Rao on 8 February, 2008
9. At the time of oral submissions on 06.07.2018, learned counsel for the
applicant reiterated the averments in the OA and the Rejoinder that no
opportunity of hearing was given to the applicant before passing the order
to recover the amount in question from the salary of the applicant and that
no proceeding under the provisions of the DAR, 1968 was initiated against
the applicant before passing the order of recovery of the loss from the
salary. Learned counsel for the applicant also submitted written
arguments/synopsis at the time of hearing on 6.7.2018 enclosing the copy
of the judgment of Hon'ble Apex Court in the case of Divisional Forest
Officer, Kothagudem and others vs. Madhusudhan Rao reported in (2008)
3 SCC 469 in support of his contentions in this OA. It was submitted that
in the cited case, the impugned order enhancing the punishment on the
respondents was held to be illegal since it was passed by the appellate
authority without considering the grounds raised by the respondents and
no give reasons for the decision.