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| CAT stays recovery of more than Rs 19 lakh from Cashier | | |
Early Times Report
Jammu, Aug 4: A Bench of the Central Administrative Tribunal stayed the recovery of 19,85,424 from Mohammad Ashraf Parray then Cashier BMO Budgam.
In the petition filed by Mohammad Ashraf Parray has challenged the impugned order dated 07.06.2021 and 19.06.2021, issued by Deputy Director, Health Services, Kashmir which mentions that Chief Medical Officer, Kulgam is directed to recover Rs. 19,85,424/- as has been worked out by the Inquiry Committee of DHS Kashmir, whereas notice dated 19.06.2021 has been issued by Medical Superintendent DH Kulgam addressed to the applicant which mentions that Rs. 19,85,424/- is to be recovered from him as worked out by the Inquiry Committee of DHS Kashmir and applicant is directed to remit the above mentioned amount at the earliest.
Central Administrative Tribunal comprising Rakesh Sagar Jain Judicial Member and Anand Mathur Administrative Member after hearing both the sides observed that recovery of pecuniary loss caused to the Government is a punishment and can be imposed upon an employee only after following due process of disciplinary action. There is no mention of any charge sheet having been issued to the applicant, inquiry by an inquiry officer or any opportunity given to the applicant to explain his conduct before imposition of the punishment of recovery of Rs. 19,85,424/-.
On the face of it, although the Vigilance Organization had conducted an internal enquiry to establish the misconduct of the applicant yet the procedure prescribed under the Conduct Rules for imposition of punishment have not been followed. With these observations CAT stayed the recovery. (JNF) |
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