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CENTRAL ADMINISTRATI1V E TRIBUNAL CUTTACK BENCH OA No. 447 OF 2023 Reserved on : 12.03.2026 Pronounced on :16.03.2026 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Shyam Sundar Dalei, aged about 58 years, S/o Late Nilakantha Dalei, resident of AT/PO Junga Via Janghira, Dist Keonjhar, Odisha, PIN 758079 and presently working as SPM, Swaraj Ashram SO, Cuttack, PIN 753002 (Gr. C)

……Applicant VERSUS

1. Union of India represented through its Secretary of Posts, Dak Bhawan, Sansad Marg, New Delhi - 110001.

2. Chief Post Master General, Odisha Circle, At/PO Bhubaneswar, Dist Khurda, Odisha, 751001.

3. Senior Superintendent of Post Offices, Cuttack City Division, Cuttack, Pin 753001.

4. Director of Accounts (Postal), Mahanadi Vihar, Cuttack, PIN 753004.

5. Postmaster, Chandnichowk, HO, Cuttack PIN

753002.

……Respondents For the applicant : Mr. C P Sahani, counsel For the respondents: Mr. B R Swain, counsel SKS16 iUi g g: M 3 n n5 e iAn d gR B D y a :C te : S 1 A 9. D 0 I 3 S .2 H 026 O R D E R Hon’ble Mr. Sudhi Ranjan Mishra, J.M.

The applicant has filed this OA challenging the action of the respondents for recovery of Rs. 68,800/- and recovery of an amount of Rs. 9487/- from the salary of month of July, 2023 on the basis of internal audit report. He has prayed for following reliefs:

(a) Admit the Original Application, and (b) After hearing the counsels for the parties be further pleased to hold the action of the respondents as arbitrary and illegal and quash the audit objection communicated vide Annexure A/3 in respect to recovery from the applicant and (c) Direct the departmental respondents to refund the recovered amount with interest along with all consequential benefits. And/or (d) Pass any other order(s) as the Hon’ble Tribunal deem just and proper in the interest of justice considering the facts and circumstances of the case and allow this OA with costs.

SKS16 iUi g g: M 3 n n5 e iAn d gR B D y a :C te : S 1 A 9. D 0 I 3 S .2 H 026

2. The facts of the case as int3e r alia averred by the applicant in the OA is that while working as SPM, Sikharpur, SO Cuttack he sought permission of the competent authority to avail LTC for the block year 2020-21 to visit Guwahati (NER) and after taking instruction from the sanctioning authority he booked air tickets from Kolkata to Guwahati as per the entitlement limited to LTC 80 fares of Air India. It is submitted that respondent no. 3 granted permission and leave to avail LTC and TA advance was also sanctioned in favour. It is submitted that after completion of the journey the applicant submitted TA Bills and amount of Rs. 68,800/- was sanctioned for the air tickets. It is submitted that without any show cause notice nor opportunity of hearing an amount of Rs. 9487/- was recovered from his pay of July 2023 and when the applicant asked for reason to DDO he came to know that the recovery was made on the basis of audit objection and then he was supplied the extract of audit objection wherein it was mentioned that the applicant booked air ticket from Kolkata to Guwahati (to and fro) directly from the airlines other than three authorized travel agents, hence it is irregular. It is submitted that the sanctioning authority SKS16 iUi g g: M 3 n n5 e iAn d gR B D y a :C te : S 1 A 9. D 0 I 3 S .2 H 026 allowed the applicant to book tickets 4d irectly from the airlines as per DOPT OM dated 24.09.2014. Hence the OA.

3. Ld. Counsel for the respondents submitted that he has filed counter inter alia averring that the applicant applied for conversion of his home town leave travel concession block year 2020-21 (extension) to visit Guwahati (NER) commencing journey from 15.06.2022. It is submitted that applicant had booked the airlines ticket on 20.05.2022 directly from the Spicejet Airlines prior to issue of LTC permission order which is clear violation of the provisions of LTC Rules and subsequent amendments in this regard from time