IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6098 of 2008 Between: J. Param Jyothi, S/o. Late Karraiah, Dock Labour Board, Visakhapatnam, Visakhapatnam District. ..... PETITIONER AND 1 The Visakhapatnam Dock Labour Board, Karmik Jyothi, Port Area, Visakhapatnam, Visakhapatnam District, Rep by its Chairman 2 The Deputy Chairman, Dock Labour Board, Visakhapatnam. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the impugned proceedings No. AS/ESTT/HW-Recovery/2008-2882, dated 13-2-2008 on the file of the 2nd respondent and to quash or set aside the same by holding as erroneous and contrary to law and pass Counsel for the Petitioner: MR.G.V.SHIVAJI Counsel for the Respondent No.: MR.P.SRI RAGHU RAM The Court made the following : THE HON’BLE MR. JUSTICE L. NARASIMHA REDDY Writ Petition No.6098 of 2008 ORDER: The petitioner is employed as Assistant Secretary in the Visakhapatnam Dock Labour Board. Over a period of five years, between 2002 and 2007, he was paid a sum of Rs.34,385/-, towards holiday- wages. Vide proceedings dated 13-02-2008, the 2nd respondent directed recovery of the said amount in four installments. The petitioner challenges the said proceedings. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents. The impugned order is very brief, in its content, and reads as under: “In view of the Audit observation made regarding payments made to Shri J. Paramjyothi, Asst. Secretary as “Holiday-Wages”, during the period from 2002 to 2007 amounted to Rs.34,385/-. It is now decided by the competent authority to recover the same in 4 (four) installments at Rs.8,596/- for first three (3) installments and the remaining amount will be recovered in fourth installment.” The circumstances under which the amount came to be paid to the petitioner, or the nature of objections that were raised for the said payment, are not at all reflected in it. Even if it is assumed that there is any mistake, or illegality in making the payment to the petitioner, recovery of the amount can be effected only after issuing notice to the petitioner. Such a course was not adopted. On this short ground, the impugned order is set aside, and the writ petition is allowed. It is, however, made clear that it shall be open to the respondents to issue show cause notice to the petitioner, and take further steps, depending upon the explanation, that may be offered by the petitioner. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J. Dt: 24-04-2008. c.c. in three days. (B/O) KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}