IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.4633 OF 2019 (S-RES) BETWEEN:
Sri. Basavaraj Kotrappa Kanavi, Son of late Kotrappa Kanavi, Aged about 82 years, Residing at No.1278, 3rd Cross Road, Judicial Layout, G.K.V.K. Post, Bengaluru – 560 065.
(By Sri. Siddamallappa P.M., Advocate) AND:
1) High Court of Karnataka, Represented by its Registrar General, Bengaluru -560 001.
2) The Secretary to Government of Karnataka, Department of Law and Justice And Human Rights, Vidhana Soudha, Bengaluru -560 001.
3) The Deputy Director, Pension Payment Treasury, New Public Building, K.R. Circle, Bengaluru -560 001.
…Petitioner 4) The Manager, Punjab National Bank, Malleshwaram Branch, Bengaluru -560 003.
…Respondents (By Smt. M.S. Prathima, AGA for R2 and R3; Sri. Vivek Holla for R1) This writ petition is filed under Articles 226 & 227 of Constitution of India praying to quash letter issued by R3 Deputy Director, Pension Payment Treasury, Bengaluru vide dated 09.11.2018 addressed to the Manager, Punjab National Bank, Malleshwaram Branch, Bengaluru as per Annexure-H and letter dated 10.12.2018 as per Annexure – J.
This writ petition coming on for orders this day, the court made the following:
ORDER In the instant petition, petitioner has assailed the communication dated 09.11.2018 (Annexure-H), and consequently communication dated 10.12.2018 (Annexure –J).
2. Petitioner has retired as a Senior Civil Judge in the year 1991. He is a pensioner. Office of the Deputy Director, Pension Payment Treasury, Bengaluru noticed that petitioner was paid pension twice by error. Pension is being credited through NEFT by Treasury. After due notice, the Deputy Director, Pension Payment Treasury, Bengaluru informed the same to the Manager, Punjab National Bank, Malleshwaram Branch, Bengaluru. Consequently a communication was made by the petitioner to the Accountant General’s Office on 10.12.2018. The petitioner made a certain communication with the Accountant General’s office on 10.12.2018 since there was no response, consequently he has presented this petition.
3. It may be true that the office of the Deputy Director, Pension Payment Treasury, Bengaluru might have remitted pension twice, at the same time, before effecting any recovery of stated to be excess pension to the petitioner, he has to be heard by the concerned official-respondent. As it is evident from Annexure –H that there is no reference to the notice/explanation of the petitioner. In the absence of show cause notice to the petitioner, before effecting any recovery would be in violation of principle of natural justice. Therefore, Annexure –H is treated as Show Cause Notice. Petitioner is herby directed to submit his explanation within a period of four weeks from the date of receipt of this order. The concerned official-respondent is hereby directed to pass a speaking order after due consideration of the petitioner’s explanation to Annexure –H. Such final order shall be passed within a period of four weeks from the date of receipt of petitioner’s explanation.
With the above observations the writ petition stands disposed of.
Sd/- JUDGE BVK