Dr Mukesh Kumar Sharma and Ors. v. Govt of NCT of Delhi and Ors.
Case brief
What is this about?
Recovery of excess salary/emoluments based on audit objection; natural justice and pre-decisional hearing; requirement of show cause notice with particulars, period, head of payment and quantification; arbitrariness under writ jurisdiction; Rafiq Masih (2015) 4 SCC 334 referred, applicability left open; refund of recoveries already effected; Ch. Brahm Prakash Ayurved Charak Sansthan; GNCTD; Delhi High Court; W.P.(C) 1219/2026; Sanjeev Narula, J.; order dated 29.01.2026.
What did the court decide?
Writ petition disposed of with directions: impugned office order dated 31.12.2025 set aside qua Petitioners with liberty to proceed afresh in accordance with law; (i) Respondents to issue individual show cause notices to each Petitioner within four weeks; (ii) each notice to set out the relevant audit objection(s), period of alleged excess payment, head(s) of payment, computation/working and quantified amount; (iii) Petitioners free to reply, and Respondents to pass reasoned and speaking orders petitioner-wise having regard to the principles laid down in Rafiq Masih; (iv) any recovery already effected pursuant to the office order dated 31st December, 2025 to be refunded to the concerned Petitioners within four weeks, without prejudice to fresh action in accordance with law.