JAGAT BORAH & ORS. vs UNION OF INDIA & ANR.

Judgment text excerpt

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 14.01.2026 + W.P.(C) 483/2026 & CM APPL. 2366/2026 JAGAT BORAH & ORS. .....Petitioners Through: Mr. Joby P. Varghese and Ms. Rashi, Advs. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Sahaj Garg, SPC, Mr. Deepansh Sharma, GP and Insp. Sravanta Sarkar. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL) CM APPL. 2365/2026 (Exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 483/2026 & CM APPL. 2366/2026 3. This petition has been filed with the following prayers:- “i. Issue a Writ of Certiorari or any other writ, order or direction in the nature thereof quashing the Impugned order dated 22.12.2025 passed by Respondent No.2 whereby directions for recovery from the salary of the Petitioners have been made to recover alleged excess payments made towards Signature Not Verified Signed By:PRADEEP W.P.(C) 483/2026 Page 1 of 3 SHARMA Signing Date:16.01.2026 15:34:58 risk and hardship allowance for the period from April 2019-March 2025; and ii. Pass such other orders) as this Hon'bk Court may deem fit in the fact and circumstances of the present ease.” 4. In effect the petitioners are challenging the decision of the respondents to make recovery of the amount which has been paid under the head of risk and hardship allowance for the period from April, 2019 to March, 2025. 5. One of the submission of the learned counsel for the petitioners is that the recovery has been effected without following the principles of natural justice, inasmuch as, no Show Cause Notice has been issued by the respondents before taking the impugned action. 6. If that be so, the appropriate shall be for