UNION OF INDIA & ORS. vs SURESH KUMAR

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1239/2025, CM APPL. 6048/2025, CM APPL. 6049/2025, CM APPL. 6050/2025 & CM APPL. 6051/2025 UNION OF INDIA & ORS. .....Petitioners Through: Ms. Suruchi Mittal SPC for UOI versus SURESH KUMAR .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 31.01.2025 C. HARI SHANKAR, J. 1. This writ petition assails judgment dated 15 October 2024, passed by the Central Administrative Tribunal1 in OA 1730/2016. 2. The respondent was appointed as Lower Division Clerk2 in the Institute of Hotel Management, Catering & Nutrition, Pusa3 on 1 December 1980. He was, thereafter, promoted as Upper Division Clerk in 1992 and retired from the said Institute on 31 March 2016. 3. Without issuing any show cause notice to the respondent, the 1 “Tribunal” hereinafter 2 “LDC” hereinafter 3 “Institute” hereinafter Signature Not Verified Digitally Signed By:AJIT W.P.(C) 1239/2025 Page 1 of 13 KUMAR Signing Date:03.02.2025 12:46:27 following Office Order was passed by the Institute on 18 February 2016. “OFFICE ORDER That as per Para No. 3 of the Internal Audit Report – Provisional received from Senior Accounts Officer, Ministry of Civil Aviation and Tourism, Government of India, the following employees of the Institute are being paid excess amount by making wrong pay fixation under MACP (1) Shri Suresh Kumar, Upper Division Clerk (2) Shri Rajesh Bansal, Accountant (3) Shri Anil Bhushan Chaddha, Upper Division Clerk Shri Neeraj Jain, UDC Administrative Department is directed to inform the undersigned through the Accountant about the details of excess payments made to the above mentioned employees under MACP. In this regard, appropriate reply has been sent to the Senior Accounts Office