SANJAY KUMAR vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.01.2025 + W.P.(C) 9519/2019 SANJAY KUMAR .....Petitioner Through: Ms. Saahila Lamba, Adv. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Jitesh Kumar Srivastava, SPC with Mr. Dipanshu Sharma, Adv. for UOI. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA NAVIN CHAWLA, J. (Oral) 1. This petition has been filed by the petitioner, praying for a direction to the respondents to refund the sum of Rs.1,30,143/- recovered from the salary of the petitioner, along with interest @ 9% per annum. 2. The respondents have recovered the above amount from the petitioner based on the Order dated 07.08.2018 passed by the Officiating Commandant of the 111th Bn., Border Security Force (“BSF”), stating that the petitioner had been dispatched to the SHQ BSF CI (OPS) Manipur on 22.01.2012 in connection with Assembly Election duty, post which, he was temporarily attached with Accounts Signature Not Verified Digitally Signed W.P.(C) 9519/2019 Page 1 of 5 By:SUNIL Signing Date:28.01.2025 19:40:53 Branch of SHQ BSF CI(OPS) Manipur, and later with the SHQ BSF CI (OPS) Manipur vide Ftr HQ BSF M&C Order No. Estt- III/739/P&T/M&C/Ftr/BSF/15/12478-81 dated 16.07.2015. It was observed that during his stay at SHQ BSF CI (OPS) Manipur with effect from 22.01.2012 to 30.06.2018, the petitioner had drawn the following amounts towards Risk & Hardship Allowances (“RHA”) and House Rent Allowances (“HRA”), which were not admissible to him while being posted at SHQ BSF CI(OPS) Manipur, for which the petitioner was to be partially blamed: RHA - Rs.65,664/- HRA - Rs.64,489/- Total - Rs.1,30,153/- 3. The learned counsel for the petitioner, while placing reliance on the Judgment of the Supreme Court in State o