Back
2025 Supreme(Online)(CAT) 9765
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J
Ashwani Kumar – Appellant
Versus
The UT of Jammu & Kashmir – Respondent
Original Application No. 56 of 2023
For the Appellants/Petitioners: Mr. Qadri Towkeer Nazir
For the Respondents: Mr. Sudesh Magotra, ld. AAG
The court concluded that earlier recovery orders were no longer applicable based on updated procedural communications, rendering the application infructuous.
Headnote:This judgment concerns Original Application No. 56 of 2023 filed by the applicant seeking to quash orders dated 19.10.2022 and 30.12.2022. The orders directed recoveries from the applicant for alleged shortages. The court found that the applicant's concerns were rendered infructuous due to a subsequent communication regarding applicable recovery orders based on the date of occurrence. The matter was disposed of with no associated costs.
| Table of Content |
|---|
| 1. application seeking to quash recovery orders. (Para 1) |
| 2. court reviews applicability of recovery orders based on timeline. (Para 2) |
| 3. application deemed infructuous; no costs awarded. (Para 3) |
O R D E R As per Hon’ble Mr. Rajinder Singh Dogra, Member (J)
1. The instant petition has been filed by ld. counsel for the applicants seeking following relief:
a. Quashing order dated 19.10.2022 issued by the respondents no. 2 by virtue of which the respondent no 3 was directed to calculate the shortage attributable to and funds recovered from the concerned officers/officials and furnish the same within ten days so that further action under matter may be taken up.
b. Quashing recovery notice/ order dated 30.12.2022 by virtue of which the respondent no. 3 directed the applicant to deposit the 10% of the recoverable amount to the tune of Rs 678196/-. c. Directing the respondents not to take any coercive action against applicant under the garb of the orders mentioned hereinabove which are impugned herein.
Any other relief which this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case be passed in favour of the applicant and against the non-
applicants / respondents.
1. Ld. counsel for the respondents draws attention to Annexure R-1 filed alongwith reply wherein a copy of the communication dated 03.05.2023 has been placed. Para 2 of the communication reads as under:
“Accordingly, the matter has been examined and it is understood that order No. 15-FS of 2000 dated 10.04.2000 for effecting recoveries against officers/officials in the cases of shortages/embezzlements etc. is applicable only where cause of occurance has been before 06.09.2016 and in other cases, where cause of occurance has been on or after 06.09.2016, recoveries are to be dealt with latest order No. 139-FCS&CA of 2016 dated 06.09.2016.”
2. In view of the above communication, the OA is rendered infructuous and nothing survives in the OA. Accordingly, the OA stands disposed of.
3. However, there shall be no order as to costs.
