THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.27479 of 1996 Dated 04-02-2008 Between: M.Gopal Reddy. ..... PETITIONER AND The Divisional Engineer, Electrical Operation, APSEB, Hyderabad. .....RESPONDENTS THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.27479 of 1998 O R D E R: Aggrieved by the order dated 07-11-1996, whereby a sum of Rs.44,035.30 ps. was sought to be recovered from the petitioner, the present writ petition is filed. Heard Sri V.Viswanatham, learned counsel for the petitioner. Neither the counsel for the respondents is present nor has a counter affidavit been filed on behalf of the respondents. In the impugned memo dated 07-11-1996, the Divisional Engineer, Hyderabad, ordered that a sum of Rs.44,035.30 ps. be recovered from the salary of the petitioner towards excess amount drawn and paid erroneously towards pay and allowances by way of his due increments which were already released from 01-03-1991 to 12-08-1990, as per the objections raised by the Superintending Engineer, Secunderabad, at the time of pre-check of pay fixation of July 1994 pay scales. In the said order, the break-up of the excess amount drawn is given as under: Excess drawn pay and allowances Pay Rs.32,126.95 DA Rs. 8,579.75 HRA Rs. 3,265.85 CCA Rs. 62.80 _____________ Total Rs.44,035.30_ In the affidavit filed in support of the writ petition, it is specifically stated that not only is the impugned order bereft of reasons, the memos referred to in the reference to the impugned order were also not communicated to the petitioner. Since the order impugned is in violation of principles of natural justice, and as the petitioner has not been put on notice or given an opportunity of being heard before the impugned memo was passed, the impugned memo is quashed. It is made clear that this order shall not preclude the respondents from taking action for recovery of the amounts, after furnishing to the petitioner a copy of the documents referred to in the impugned order dated 07-11-1996, after putting him on notice and after giving him an opportunity of being heard. Sri V.Viswanatham, learned counsel for the petitioner, submits that despite an interim order of this Court suspending the impugned order, the respondents had permitted the petitioner to retire from service and had paid him terminal benefits withholding Rs.44,035.30 ps. It is made clear that, in case the respondents do not take action against the petitioner for recovery of the sum of Rs.44,035.30 ps., in accordance with law, and in accordance with the observations made hereinabove, within a period of three months from the date of receipt of a copy of this order, the amount retained by the respondents of Rs.44,035.30 ps. shall be paid to the petitioner within one month thereafter. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. _______________ 01-02-2008 usd