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CENTRAL ADMINISTRATIVE TRIBUNAL
Suresh Kumar Batra, Member (J)
Manohar Sodhi – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background of employment and recovery dispute (Para 1 , 2 , 3) |
| 2. no disciplinary enquiry violates natural justice (Para 4 , 5) |
| 3. recovery permissible post-superannuation per cvc advice (Para 6 , 7) |
| 4. issue: recovery sustainability without proceedings (Para 9 , 10 , 11) |
| 5. recovery contravenes ccs pension rule 9(5) (Para 12 , 13) |
| 6. guilt requires departmental proceedings and hearing (Para 14 , 15 , 16) |
| 7. committee attributes primary fault to superiors (Para 17 , 18) |
| 8. impugned orders quashed; follow due procedure (Para 19) |
ORDER
Per: SURESH KUMAR BATRA MEMBER (J):-
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act 1985 seeking the following relief:-
(i) For quashing the impugned order dated 16.11.2021 (Annexure A-15) passed by the respondent department vide which the legal notice dated 08.03.2019 (Annexure A-11) served upon the respondent no. 1 and 2 has been rejected.
(ii) For directing the respondents no.1 and 2 to withdraw the communication/order dated 11.02.2019 (Annexure A-10) wherein the applicant has been directed to deposit an amount of Rs.2,15,097/-
(iii) Further directing the respondents not
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