Rule. Learned counsel for the respondents waive service on behalf of the respective parties. With the consent of both the sides, the matter is heard finally today. 1. The petitioner herein has challenged the communication dated 31.01.2012 issued by the competent authority of respondent no.2-District Panchayat whereby, an amount of Rs.11,992/- was ordered to be recovered from the petitioner on the ground of false claim towards Leave Travel Concession (LTC).
2. The facts in brief are that the petitioner herein had undertaken a Tour to Kerala through a Government Tour Operator by availing the Leave Travel Concession (LTC) benefit. The petitioner had also submitted necessary travel documents / receipts to respondent no.2- Panchayat for the purpose of claiming LTC benefit. However, vide impugned communication dated 31.01.2012, the petitioner was directed to refund the amount of Rs.11,992/- paid to her by way of LTC benefit and directed her to deposit the challan with respect to the said payment. Being aggrieved by the same, the petitioner has preferred the present petition.
3. Heard learned counsel for the parties. It appears from the record that no opportunity of hearing was given to the petitioner before passing the impugned order of recovery. Learned counsel appearing on behalf of respondent no.2-Panchayat was also not in a position to show that the petitioner was heard before passing the order of recovery. Therefore, it has to be said that the impugned order of recovery is in violation of the principles of natural justice. Hence, only on this ground, the impugned order deserves to be quashed and set aside.
4. For the foregoing reasons, the petition is allowed and the impugned order dated 31.01.2012 passed by respondent no.2-Panchayat is quashed and set aside.
The respondent-Panchayat is directed to provide due opportunity of hearing to the petitioner and shall, thereafter, pass appropriate orders in the matter, in accordance with law.
It is made clear that this Court has not entered into the merits of the case and has quashed the impugned order only on the ground that it was in breach of the principles of natural justice and not on merits and hence, the respondent-Panchayat shall decide the issue afresh on merits and in accordance with law.
With the above observations, the petition stands disposed of. Rule is made absolute to the above extent with no order as to costs.
[K. S. JHAVERI, J.] Pravin/*