petitioner to the alternative remedy of appeal at this distant point of time especially considering the fact that the petitioner is now at 64 years of age, while upholding the order of surcharge, no interest can be charged from the date of the order ie., from 30.07.1998 till date of communication of the order as admitted by the respondents ie., upto 04.12.2004. Even after 04.12.2004, the respondents started effecting recovery only from the year 2010 and there is inaction on their part for about six years and the respondents completed the recovery only in the year 2018. The amount of interest recovered is more than 300% of the principal sum due. Therefore, to balance both the interest of the petitioner as well as that of the respondents, it is ordered that the sum of Rs.1,05,220/- will be payable by the petitioner with interest at the rate of 9% from 05.12.2004. The excess amount recovered / retained shall be refunded to the petitioner within a period of three months from the date of receipt of this order.”
