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2026 Supreme(Online)(CAT) 8999
CENTRAL ADMINISTRATIVE TRIBUNAL, KOLKATA BENCH, KOLKATA
Urmita Datta (Sen), Judicial Member, Anindo Majumdar, Administrative Member
Gourang Charan Lenka – Appellant
Versus
South Eastern Railway – Respondent
OA/350/737/2026
For the Appellants/Petitioners: B Chatterjee
For the Respondents: B K Banerjee
The court emphasized the necessity for authorities to consider representations regarding recoveries from retiral benefits and to communicate decisions through a reasoned and speaking order.
Headnote:The applicant approached the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, challenging an order dated 28.06.2024 whereby a recovery of Rs. 3,78,352/- was made from retiral benefits just two days prior to retirement without the issuance of a show-cause notice. The applicant had submitted a representation dated 10.02.2025, which remained unconsidered by the respondent authorities. The primary issue is whether the recovery made from retiral benefits without prior notice is permissible and whether the pending representation of the applicant deserves consideration. The court observed that the respondents had no objection to the prayer for consideration of the pending representation in light of relevant judgments and Railway Board Circulars. Respondent No. 2 or any other competent authority is directed to consider the pending representation of the applicant dtd. 10.02.2025, treating this OA as a part of it, in light of the judgments and Railway Board’s Circular annexed to the OA and communicate the decision to the applicant by way of a reasoned and speaking order with follow up action (if any) within a period of 08 weeks from the date of receipt of a certified copy of this order.
| Table of Content |
|---|
| 1. recovery from retiral benefits without prior show-cause notice. (Para 1 , 2 , 3 , 4) |
| 2. request for consideration of pending representation by the authority. (Para 5 , 6) |
| 3. direction to pass a reasoned and speaking order within a stipulated timeframe. (Para 7 , 8 , 9) |
O R D E R (O R A L)
Per: Hon’ble Smt. Urmita Datta (Sen) (J):
1. Ld Counsel for the applicant is present. He files affidavit of service which is taken on record.
2. Ld Standing Counsel Mr. B K Banerjee appears for the respondents.
3. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
“a) An order do issue quashing/setting aside the order dated 28.06.2024 being Memo No.PEN/SER-HQR/20247070800175/DCRG issued by the FA & CAO, South Eastern Railway, Garden Reach, Kolkata;
(b) An order directing upon the respondent authority to refund the recovered amount for the sum of Rs.3,78,352/- along with statutory interest and other consequential benefits.
(c) To direct the respondent authorities to produce all records in connection with the instant case.
(d) Any other or further order or orders or direction as Your Lordships may deem fit and proper.”
4. Ld Counsel for the applicant submits that just 02 days before the retirement of the applicant, without issuing any show-cause notice, vide Order dtd. 28.06.2024 a recovery had been made by the respondents directly from the retiral benefits of the applicant. On the same date i.e. on 28.06.2024 the respondents intimated the applicant about the said recover through a letter. Being aggrieved with the same the applicant made a representation dtd. 10.02.2025 before the competent authority. However, the same has not been considered till date. Hence this OA.
5. Ld Counsel for the applicant submits that at this stage it would suffice the purpose if the respondents be directed to consider the pending representation of the applicant, treating this OA as a part of it, in light of the judgments and Railway Board’s Circular annexed to the OA and communicate the decision to the applicant within a stipulated period of time.
6. Ld Counsel for the respondents submits that he has no objection to such prayer made by the Ld Counsel for the applicant for consideration of the pending representation of the applicant.
7. We have heard Ld Counsel for both the parties and have perused the materials on record.
8. In view of the above, the Respondent No. 2 or any other competent authority is directed to consider the pending representation of the applicant dtd. 10.02.2025, treating this OA as a part of it, in light of the judgments and Railway Board’s Circular annexed to the OA and communicate the decision to the applicant by way of a reasoned and speaking order with follow up action (if any) within a period of 08 weeks from the date of receipt of a certified copy of this order.
9. Accordingly, the OA is disposed of. No cost.
