Srinagar, Oct 14: The Central Administrative Tribunal (CAT) here has quashed an order seeking recovery of Rs 8.89 lakh from a retired SKIMS doctor towards an alleged excess payment of leave salary, holding that the action was taken in violation of natural justice and without any finding of fraud or misrepresentation.
A bench comprising Judicial Member, M S Latif and Administrative Member, Prasant Kumar, passed the order while deciding a plea by Dr Reyaz Ahmad Untoo, former Principal and Head of the Department of Ophthalmology at SKIMS Medical College, Bemina.
Dr Untoo had retired on January 31, 2021. The authorities had proposed recovery of Rs 8,89,846 from his retiral benefits on the ground that he had been paid leave salary for 300 days, whereas a revised leave account showed that he was entitled to only 166 days.
According to the authorities, the excess payment resulted from inclusion of Untoo’s earlier service, while the department maintained that only his regular service from September 25, 1999, could be counted for calculating retirement benefits. The revised calculation showed Rs 22.54 lakh as the amount drawn for 300 days against Rs 13.64 lakh found payable for 166 days, resulting in an alleged excess payment of Rs 8,89,846.
Dr Untoo had petitioned the Tribunal through his counsel Faizan Majid Bhat and relied on Supreme Court judgments that recovery from a retired employee was impermissible, particularly when there was no fraud or misrepresentation on his part.
The Tribunal noted that the authorities had neither initiated any formal proceedings nor issued notice to Untoo before passing the recovery order. It further observed that no finding of fraud or misrepresentation had been recorded against him.
“Due process of law” had not been followed while passing the impugned order, the Tribunal held, adding that the absence of any finding of fraud or misrepresentation rendered the order legally unsustainable.
Accordingly, the Tribunal set aside and quashed the impugned recovery order dated February 21, 2023.
