The petitioners, who are the Constables, Head Constables and Class IV employees working under the Railway Protection Special Force, have come up to this Court with the grievance that the transport allowance that was given to the petitioners is being recovered without issuing any show cause notice.
It is claimed by the petitioners that they have not been using government vehicle for their transportation from their residence to the place of working and even from the barracks to their posting, as such they are entitled to the transport allowance which has illegally been recovered from them. It is further submitted that the petitioners never made any application or efforts to get the transport allowance which was given to them by the authorities themselves and now without affording any opportunity the same cannot be recovered.
Sri Vivek Singh, learned counsel appearing for the respondents submits that the amount can be recovered, if the petitioners are found to be ineligible for receiving such amount, in spite of the fact that whether they have mis-represented or not. Since it is a public money, it is always recoverable if it has been given by mistake as has been held by the Hon'ble Supreme Court in the case of Chandi Prasad Uniyal and others Vs. State of Uttarakhand and others, reported in JT 2012 (7) SC 460.
On the other hand, Sri Vijay Gautam, learned counsel representing the petitioners submits that in fact the petitioners were entitled for such transport allowance and if at all any recovery is to be made, such recovery would entail civil and pecuniary consequences and as such notice was essential before passing any order. He has relied upon a latest decision of the Hon'ble Supreme Court in the case of Kusheswar Nath Pandey Vs. State of Bihar and others, reported in JT 2013(12) SC 193 in which after considering the case of Chandi Prasad Uniyal and others (Supra) it has been held that such recovery cannot be made without affording any opportunity.
The matter requires consideration.
The respondents may file counter affidavit within one month. The petitioner shall have one week thereafter to file rejoinder affidavit.
List thereafter.
Till the next date of listing, no recovery shall be made pursuant to the order dated 30.7.2013.
Order Date :- 13.3.2014 SKM