Petitioner challenged an order recovering Rs.4,39,248/- from his salary over a shortage of materials at a government agriculture godown, contending no enquiry preceded the recovery. The court found he approached after the recovery and declined to interfere.
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W.P.No.5152 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.5152 of 2022 and W.M.P.No.5253 of 2022
M.S.Subramanian ... Petitioner
Vs.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in connection with the impugned order passed by him Ref.No.E3/3382/2016 dated 20.09.2016 and quash the same and direct the respondents to reimburse the amount recovered from the salary of the petitioner to the tune of Rs.4,39,248/- within a reasonable time along with interest @ 12% per annum.
For Petitioner : Mr.K.Dhananjayan For Respondents : Mr.R.U.Dinesh Rajkumar, Additional Government Pleader
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W.P.No.5152 of 2022
O R D E R
This Writ Petition has been filed by the petitioner for issuance of Writ of Certiorarified Mandamus, calling for the records of the first respondent in connection with the impugned order passed by him in Ref.No.E3/3382/2016 dated 20.09.2016 and to quash the same. Consequently, to direct the respondents to reimburse the amount recovered from the salary of the petitioner to the tune of Rs.4,39,248/- within a reasonable time along with interest @ 12% per annum.
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W.P.No.5152 of 2022
agriculturists at permissible rate / concessional rate. On 16.03.2016, an inspection was conducted by the Superintendent at Mayiladuthurai Agriculture Extension Centre where they found that there was shortage of materials to the tune of Rs.4,39,248/-. Subsequently, a memo was issued to the petitioner on 03.05.2016 stating that on inspection, they found shortage of materials to the tune of Rs.4,39,248/- and held that, the petitioner as Manager is responsible for the shortage of materials and directed to remit the same to the Government Account failing which, it will be recovered from the salary of the petitioner. Thereafter, the Joint Director of Agriculture passed an order dated 20.09.2016 to recover the amount of Rs.4,39,248/- from the salary of the petitioner and the same was recovered. Aggrieved by the order of recovery dated 20.09.2016, the petitioner has preferred this present writ petition.
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W.P.No.5152 of 2022
the disputed fact. Hence, the impugned order issued by the 1st respondent is liable to be set aside.
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W.P.No.5152 of 2022
Consequently, connected Writ Miscellaneous Petition stands closed.
12.11.2024
mac
Index : Yes / No Speaking order / Non-speaking order
To
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W.P.No.5152 of 2022
VIVEK KUMAR SINGH, J.
mac
W.P.No.5152 of 2022 and W.M.P.No.5253 of 2022
12.11.2024
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1 issue framed by the court
Whether recovery of Rs.4,39,248/- from salary for shortage of materials could stand when allegedly no enquiry was conducted before the order.
1 provisions across 1 enactments
M.S.Subramanian
The Joint Director of Agriculture, Nagapattinam
The Director of Agriculture, Chepauk, Chennai - 5
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
