CENTRAL ADMINISTRATIVE TRIBUNAL OA/350/1830/2025 Date of Order: 07.01.2026 Coram: Hon’ble Smt. Urmita Datta (Sen), Judicial Member Anil Kumar Dutta, Son of Late Gouranga Chandra Dutta, aged about 61 years, retired from service under superannuation as General Assistant (Operating) (Group-C) under the overall control of Chief Operations Manager, South Eastern Railway, at present residing at 249, Subhas Road, Near Tarun Sangha Club, South Habra, P.S. & P.O. Habra, District

24 Parganas (North), Pin 743263.

…....Applicant - Vs -

1. Union of India, through General Manager, S. E. Railway, Garden Reach, Kolkata - 700043.

2. The Principal Chief Personnel Officer, S. E. Railway, Garden Reach, Kolkata 700043.

3. The Principal Financial Adviser, S. E. Railway, Garden Reach, Kolkata

700043.

…....Respondents For the Applicant : Mr. C Sinha; Counsel For the Respondents : Mr. B K Banerjee; Standing Counsel

O R D E R (O R A L)

Per: Hon’ble Smt. Urmita Datta (Sen) (J):

1. This matter is taken up by Single Bench for disposal with the consent of both the parties in view of the revised list dated 10.09.2021 issued under Sub- Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and, since no complicated question of law is involved.

2. Ld Counsel for the applicant is present. He files affidavit of service which is taken on record.

3. Ld Standing Counsel Mr. B K Banerjee appears for the respondents.

4. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-

“a) To set aside and quash impugned letter No. PEN/SER- HQR/20247070800252/DCRG dated 30.10.2024 whereby a recovery of Rs. 2,50,000/- has been made from the certified value of DCRG and a Cheque amounting to Rs. 785339/- was cleared for payment.

b) To direct the respondents to refund an amount of Rs.2,50,000/- as recovered from the DCRG of the applicant alongwith interest @10% p.a.

c) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”

5. Ld Counsel for the applicant submits that the applicant retired from service on 31.10.2024. He submits that on the retirement of the applicant, vide Order dtd. 30.10.2024 an amount to the tune of Rs. 2,50,000/- straightaway has been recovered from the DCRG of the applicant without issuing him any show- cause notice or by granting him a chance of hearing which is in contravention to the settled principle of law. He further submits that the case of the applicant is squarely covered by the judgment dtd. 18.12.2014 passed by the Hon’ble Apex Court of India in the case of State Of Punjab & Ors vs Rafiq Masih (White Washer) as well as by the Order dtd. 08.12.2025 passed by this Tribunal in OA/350/256/2025.

6. Ld Counsel for the applicant, therefore, prays for a direction upon the respondents to refund the recovered amount to the applicant.

7. Heard Ld Counsel for both the parties and have perused the material on record.

8. From perusal of the judgments referred by the Ld Counsel for the applicant I find that the case of the applicant is covered by the judgment dtd. 18.12.2014 passed by the Hon’ble Apex Court of India in the case of State Of Punjab & Ors vs Rafiq Masih (White Washer) as well as by the Order dtd. 08.12.2025 passed by this Tribunal in OA/350/256/2025.

9. In view of the above, the respondents are directed to refund the recovered amount i.e. Rs. 2,50,000/- to the applicant within a period of 08 weeks from the date of receipt of a certified copy of this order.

10. Accordingly, the OA is disposed of. No costs.

(Smt. Urmita Datta (Sen))

Member (J)

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