IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2021

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

W.P.No.30450 of 2008

and M.P.No.1 of 2008

R.V.Gopalakrishnan

...Petitioner

Vs.

1.The Director of Medical & Rural Health Services,

Annasalai,Teynampet

Chennai.

2.The Deputy Director Medical Services (Leprosy)

Chest clinic,Tiruvannamalai

3.The Accountant General of Tamilnadu

361 Anna Salai

Chennai 600 018.

...Respondents

PRAYER: The Writ Petition has been filed under Article 226 of

the Constitution of India praying to issue a Writ of

Certiorarified Mandamus to call for the records pertaining to

the order dated 03.11.2008 vide Na.Ka.1382/Ka/90 on the file of

the 2nd respondent and quash the same and direct the 3rd

respondent to continue to pay the pension without any

deductions.

For Petitioner

: Ms.S.Geetha

For Respondents

: Mr.C.Selvaraj

Government Advocate (Civil)

O R D E R

The recovery order passed by the respondents after a period

of eight years after the retirement of the petitioner without

notice is under challenge in this writ petition.

2. On perusal of the records, it is noted that an internal

audit was conducted for the period between 01.07.1991 and

31.03.2002 on 27.06.2008. On the basis of the internal audit

report dated 27.06.2008, monthly review was conducted on

13.10.2008. It was found that a sum of Rs.5,065/- remained

unpaid and therefore, the first respondent has directed to

https://hcservices.ecourts.gov.in/hcservices/

recover the money and remit it into the account. Immediately

recovery order was passed on 03.11.2008, which is impugned in

this writ petition making the petitioner, who retired in the

year 2000, liable for the same.

3. It is required to be noted that it is not known as to how

there was a deficit or default and as to how the petitioner

accountable for the same and no notice was issued to the

petitioner to show cause as to why the amount shall not be

recovered from him. Without following any procedure, the second

respondent issued an order of recovery to the petitioner, after

eight years of his retirement.

4. It is well settled that an order of recovery without

notice is bad. Secondly, the internal audit was conducted on

27.06.2008, after a period of 17 years, for the period between

01.07.1991 and 31.03.2002. Such delayed internal audit by

itself will vitiate the recovery proceedings. Furthermore, no

reasons have been recorded as to how the petitioner is

accountable for the deficit or non payment for dues. Therefore,

the non speaking order of the respondents is not sustainable in

law. Accordingly, the same is set aside. The writ petition is

allowed. However, there shall be no order as to costs.

Consequently, the connected Miscellaneous Petition is closed.

-s/d-

Assistant Registrar(CS-IX)

True Copy

Sub-Assistant Registrar

RR

To

1.The Director of Medical & Rural Health Services,

Annasalai, Teynampet

Chennai.

2.The Deputy Director Medical Services (Leprosy)

Chest clinic, Tiruvannamalai

3.The Accountant General of Tamilnadu

361 Anna Salai

Chennai 600 018.

+1 CC to The Government Pleader sr 36571.

W.P.No.30450 of 2008

and M.P.No.1 of 2008

SSV(CO)

SP(18/08/2021)

https://hcservices.ecourts.gov.in/hcservices/