SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2005 Supreme(Raj) 2090

GOVIND MATHUR
Rafiq – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Pradeep Chaudhary with Ms. Pintu Pareek, for the Petitioners.
Mr. B.L. Tiwari, Deputy Government Advocate.

Judgment

Govind Mathur, J.-The petitioners remained under training for Gram Sewak from 011.1987 to

011.1988. During the aforesaid period the respondents allowed compensatory allowance to the petitioners. Subsequently, the Local Funds Audit Department pointed out that the petitioner was not entitled for such compensatory allowances, accordingly, the Vikas Adhikari, Panchayat Samiti, Bhinder District Udaipur passed order dated 09.04.1992 to effect recovery of the compensatory allowance paid to the petitioner while he was in training. A challenge is given by the petitioners to the order dated 09.04.1992 by filling the present writ petition.

2. It is contended by Counsel for the petitioners that the compensatory allowance was allowed by the respondents at their own and no misrepresentation was made by the petitioners to claim said allowance. Therefore, the respondents must not recover the said amount. It is also contended by Counsel for the petitioners that recovery from the pay is a punishment provided under the relevant disciplinary rules and, therefore, the same cannot be effected without giving an opportunity of hearing to the employees concerned.

3. A reply to the writ petition ha




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top