Hon'ble S.C. Chaurasia,J.
Heard learned counsel for the petitioner, Sri I.H. Farooqui learned Assistant Solicitor General of India, learned standing counsel and perused record.
Against the impugned recovery proceedings which have been initiated against the petitioner because of embezzlement of fund from the Pass-book of Account Holder of the Post Office, earlier, the petitioner filed Writ Petition No.3664 (M/B) of 2009 which was disposed of finally permitting the petitioner to approach the Central Administrative Tribunal on account of availability of alternative remedy. However, the Tribunal recorded a finding that the original application was not maintainable since the Tribunal has got no jurisdiction to interfere with the recovery proceedings initiated by the respondents under the Revenue Recovery Act and Public Account Default Act, 1850.
The findings recorded by the Tribunal prima facie, does not seem to suffer from any infirmity or illegality. However, in case, the proceedings have been initiated without serving a show cause notice, liberty is given to the petitioner to represent his cause before the competent authority within two weeks from today. In case the petitioner represents his cause, the competent authority is directed to decide the same within two months from the date of receipt of a certified copy of this order and communicate decision. For the period of two months or till disposal of the representation whichever is earlier, the status quo shall be maintained.
Subject to above, the writ petition is finally disposed of.
Order Date :- 6.1.2010 Rajneesh) A certified copy of this order shall be given to petitioner's counsel by tomorrow, on usual charges.
Order Date :- 6.1.2010 Rajneesh)