CWP(T) No.10900/2008 30.08.2010 Present: Mr. A. K. Gupta, Advocate, for the petitioner. Mr. Shashi Shirshoo, Advocate, for the respondents It could not be shown from the record, by the learned counsel for the respondents as to in what manner petitioner was ever associated with the inquiry which is alleged to have been instituted by the respondents before effecting recovery of a sum of Rs.1,23,550/-. Nothing has been placed on record to show that when the matter was being examined by the respondents by way of an in-house inquiry, notice was ever issued to the petitioner or he was ever associated in any manner. It is not disputed that no opportunity was ever afforded to the petitioner before effecting the recovery of the aforesaid amount from him. 2. In these circumstances, action taken by the respondents is indefensible being illegal. Recovery of amount entails civil consequences. There has been infringement of law inasmuch as principles of natural justice stand violated. In these circumstances, respondents are directed to hold an inquiry by associating the petitioner. 3. It is however not disputed that during the pendency of the present proceedings some of the amount stands recovered from the petitioner. If ultimately it is found that petitioner is not liable to pay the amount in question, the respondents shall refund the recovered amount within a period of three months from the date of such decision. Petitioner shall also be entitled to interest @ 9% per annum on the amount found due and payable to him. During the pendency of the inquiry remaining amount, if any, shall not be recovered from the petitioner. With these observations, the petition stands disposed off. ( Sanjay Karol ), Judge. August 30, 2010 (rana)