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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAHESWARA RAO KUNCHEAM
B.vasantha Rao, Guntur Dist – Appellant
Versus
Md Apsrtc Vijayawada Krishna Dist – Respondent
ORDER :
The instant writ petition has been filed seeking the following main relief :
“to issue a Writ or Order, direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in recovering the amount of Rs.58,878/- said to have been towards oil shortage from the salary of the petitioner is illegal, arbitrary, unjust, utter violation of principles of natural justice, in violation of Regulations 11 & 12 of APSRTC Employees (CC&A) Regulation, 1967 and in violation of Articles 14 and 21 of Constitution of India and consequently set aside the same and to pass…..”
2. The brief case of the petitioner:
As claimed by the petitioner in the writ affidavit, he was joined in the 1st Respondent Corporation as a Mechanic Grade -II. His services were regularized way back in the year 1991. Subsequently, he was promoted on 02.08.2008 to the post of Oil Depot Clerk from the post of ADC and posted at 3rd respondent Depot. Petitioner further escalated as Deputy Superintendent (T) on 15.05.2016 and posted at Sattenapalle Deport, lastly transferred to the 4th respondent Depot.
3. It is further stated that, 1st respondent Corporation Audit team inquired about the 3rd
Recovery of salary without prior notice or inquiry violates principles of natural justice, rendering the action illegal and arbitrary.
The court ruled that recovery of salary amounts without prior notice or inquiry violates principles of natural justice and relevant regulations, rendering such orders illegal.
Principles of natural justice necessitate notice and a fair hearing before salary recovery actions against employees are enforced.
The court emphasized that recovery is impermissible due to the mistaken action taken by the authority, particularly when the executive instructions cannot have any retrospective effect.
Recovery of excess payments from retired employees without due process violates natural justice principles, as established in Rafiq Masih's case.
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