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2014 Supreme(All) 286

RAJES KUMAR, ASHWANI KUMAR MISHRA
CHIEF ACCOUNT OFFIECR – Appellant
Versus
MOHD. IDRISH – Respondent


Advocates:
Counsel :
Subodh Kumar and Udit Chandra for the Petitioners; S.C., A.K. Srivastava and Sudhir Srivastava for the Respondent.

JUDGMENT

By the Court.—The Writ Petition No. 66820 of 2010 has been filed by the Chief Account Officer (GPF), Controller of Communication Accounts and Union of India, and the Writ Petition No. 68908 of 2010 has been filed by the Chief General Manager U.P. East Telecom Circle, Telecom District Manager, B.S.N.L. Jaunpur and Accounts Officer (Cash), O/o T.D.M. B.S.N.L. Jaunpur.

2. In both the writ petitions the petitioners are challenging the order of the Central Administrative Tribunal, Allahabad Bench, Allahabad dated 11.8.2010 in Original Application No. 1392 of 2009.

3. The brief facts of the case are that the respondent was the employee in the Department of Telecommunication since 21.3.1969 and retired on 29.5.2003. After six years from the date of retirement a recovery notice dated 17.8.2009 has been issued by the petitioners asking the respondent to pay the sum of Rs. 1,12,525/-. According to the notice, the respondent has been paid the amount in excess in the financial year 1996-97. The respondent filed his reply vide letter dated 15.9.2009 contesting the notice on the ground that the recovery after the retirement of six years is illegal, arbitrarily and without jurisdiction. W









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