Unilateral recovery of excess payments from government servants must follow due process, including prior notice and adherence to legal guidelines.

Headnote:(A) Right to Information Act, 2005 - Recovery of excess payments - Appellant, a serving JCO, challenged the unilateral recovery of Rs. 1,71,418/- from his pay without notice, citing violations of Supreme Court rulings and DoPT guidelines. The Commission emphasized the necessity of following due process for such recoveries and highlighted relevant Supreme Court judgments. (Paras 10, 11, 12)

(B) Recovery Procedures - The court reiterated that recovery should only occur under specific circumstances, including proper notification and justification, as outlined in the DoPT OM dated 19.09.2022. (Paras 13, 14)

Facts of the case:
Appellant filed RTI seeking reasons for recovery of Rs. 1,71,418/- from his pay, claiming it was arbitrary and illegal. CPIO provided a response but appellant felt it was insufficient, leading to a second appeal.

Findings of Court:
The Commission found that adequate replies were provided but noted the gravity of the recovery issue, urging compliance with DoPT guidelines.

Issues: The main issues were the legality of the recovery process and adherence to DoPT protocols.

Ratio Decidendi: The court ruled that recoveries must comply with established legal frameworks and that unilateral actions without notice are impermissible.

Result: The appeal is disposed of accordingly.

INFORMATION COMMISSIONER : Vinod Kumar Tiwari

Relevant facts emerging from appeal:

RTI application filed on : 17.08.2023

CPIO replied on : 13.09.2023

First appeal filed on : 18.09.2023

First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 15.11.2023

Information sought:

The Appellant filed an RTI application dated 17.08.2023 (offline) seeking the following information:

“With due respect it is submitted that I am due for retirement wef 01-08- 2024 after completing my terms of engagement (28 years for Naib Subedar).

From the very date of my enrolment in the Army to till date (more than 27 years) my pay and allowances are calculated and paid to me by the office of The PAO (ORS) AMC, based on the instructions passed on from time to time to them by Record Office AMC through publication of DO Part II and other statutory laws there after the related financial documents/records are retained by the office of The PAO (ORS) AMC themselves.

During my services, I have got the benefits of three Central Pay Commissions, (5, 6 and 7) and also awarded three promotions to the ranks of Naik wef 01-07-2015, Havildar wef 15-10-2018 and Naib Subedar wef 01-01-2022 inter-alia with grant of ACP/MACP too.

Whereas in the wake of my impending superannuation from service, I have received a closing statement of my accounts from your office during the first week of August 2023 wherein a sum of Rs. 1,71,418/- (Rupees one lac seventy one thousand and four hundred eighteen only) has been found deducted (recovered) from my pay and allowances arbitrarily without furnishing any reasons whatsoever or any details of the said astonishing recovery. The sudden unwarranted coercive recovery of such a huge amount from my pay and allowances at one stretch has devastated me and my family consisting of old aged heart patients and two school going children and I am the only one person earning in my family.

In the same manner your office has downgraded me to one increment below in the present scale of pay arbitrarily without furnishing any reasons or giving me any prior notice about such action. Both the recoveries made in the above manner are illegal and at the same time without jurisdiction or authority.

The above said recovery, I am sure, might have not been slapped in compliance of an under xxxxxxxxxxxxx competent court of Law. Or it might have not been as a result of implementation of a penalty imposed upon me by departmental proceedings under the provisions of Army Act 1950. These are the two situations where recovery from pay and allowances can be affected but as per ratio prescribed in the court order or punishment order as the case may be. Hence the unilateral recovery made from my pay and allowances without assigning any reason or issuing prior notice is totally illegal, and hence liable to be refunded with 12% Interest per annum thereon.

The illegal recovery has been made to cover up some mistakes committed by your office during the course of calculations made by them on the entitlements of pay and allowances and also to save the skin of your concerned dealing staff or supervisor or signing authority concerned. That is why action required to be taken by your office in such cases as per instructions contained in Government of India, DoPT Office Memorandum dated 02-03-2016 was deliberately omitted and a financially constrained serving JCO has been made the scape goat.

In view of the above, you are requested to provide me the following information/documents under the RTI Act 2005 to enable me to seek necessary recourse for justice

1. Please intimate the reason(s) for undisclosed recovery of Rs. 1,71,418/-from my pay and allowances;

2. Please intimate the reason(s) for not informing me during the last 27 years that a recovery from my pay and allowances was looming large;

3. Please intimidate the reason(s) for not issuing recovery notice to me before imposing the recovery;

5. Please intimate the reason(s) for not informing me before down grading to one stage below

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2025 Supreme(Online)(CIC) 2107

CENTRAL INFORMATION COMMISSIONVinod Kumar Tiwari, ICCherian PA – AppellantVersusCPIO, Pay Accounts Office (Other Rank) Army Medical Corps – RespondentCIC/DODEF/A/2023/146353

Unilateral recovery of excess payments from government servants must follow due process, including prior notice and adherence to legal guidelines.

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
Cherian PA – Appellant
Versus
CPIO, Pay Accounts Office (Other Rank) Army Medical Corps – Respondent
CIC/DODEF/A/2023/146353