Case Note & Summary
The petitioner, Samadhan Kisanrao Ingle, was a Tax Superintendent with the Municipal Council, Khamgaon, appointed on 16/04/1968 and retired on 30/06/2007. He claimed to have rendered blemish-less service. After eight years of his retirement, on 31/12/2015, the Chief Officer of the Municipal Council issued a notice directing him to deposit Rs.25,00,010/-. Prior to this, a show cause notice was issued on 17/06/2011, which the petitioner replied. The petitioner challenged the recovery order by filing a writ petition. The court considered whether the recovery order was sustainable given the inordinate delay and lack of proper opportunity. The court held that the delay of eight years in initiating recovery proceedings after retirement is inordinate and the order was passed without affording a reasonable opportunity of hearing, violating principles of natural justice. The court quashed the recovery order and directed the respondents to refund any amount recovered from the petitioner's pension or gratuity within four weeks.
Headnote
A) Service Law - Recovery from Retired Employee - Inordinate Delay - Show Cause Notice - The petitioner, a retired Tax Superintendent, was issued a show cause notice after eight years of retirement and a final recovery order without proper inquiry - Held that the delay of eight years in initiating recovery proceedings is inordinate and the order is unsustainable as it violates principles of natural justice (Paras 2-4, 8-9).
Issue of Consideration
Whether the order of recovery of Rs.25,00,010/- passed against the petitioner after eight years of his retirement is sustainable in law?
Final Decision
The court quashed the order dated 31/12/2015 imposing recovery of Rs.25,00,010/- and directed the respondents to refund any amount recovered from the petitioner's pension or gratuity within four weeks.
Law Points
- Recovery from retired employee
- inordinate delay
- principles of natural justice
- show cause notice
- opportunity of hearing
- Maharashtra Municipal Councils Act
- 1965
Case Details
2022 LawText (BOM) (07) 121
Writ Petition No.722 of 2016
A.S. Chandurkar, Urmila Joshi-Phalke
Shri A.R. Patil for petitioner, Ms. N.P. Mehta for respondent Nos.1 to 4/State, Shri D.M. Kale for respondent No.5, Shri N.S. Khubalkar for respondent No.7
Samadhan s/o Kisanrao Ingle
State of Maharashtra, Director of Municipal Administration, Regional Director of Municipal Administration, Collector, Municipal Council Khamgaon, Standing Committee of Municipal Council Khamgaon, Prashant Sharad Khandkekar
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Nature of Litigation
Writ petition challenging recovery order against retired municipal employee.
Remedy Sought
Quashing of order dated 31/12/2015 imposing recovery of Rs.25,00,010/-.
Filing Reason
Petitioner was issued a recovery notice eight years after retirement without proper inquiry.
Previous Decisions
Show cause notice issued on 17/06/2011, replied by petitioner; final order dated 31/12/2015.
Issues
Whether the recovery order passed after eight years of retirement is sustainable?
Whether the petitioner was afforded a reasonable opportunity of hearing before passing the recovery order?
Submissions/Arguments
Petitioner argued that the recovery order was issued after inordinate delay and without proper inquiry, violating principles of natural justice.
Respondents contended that the recovery was justified due to alleged irregularities during petitioner's service.
Ratio Decidendi
Inordinate delay of eight years in initiating recovery proceedings after retirement and lack of proper opportunity of hearing render the recovery order unsustainable and violative of principles of natural justice.
Judgment Excerpts
After eight years of his retirement i.e. on 31/12/2015, a notice was issued to him by respondent No.5-Chief Officer, Municipal Council calling the petitioner to deposit Rs.25,00,010/-.
The delay of eight years in initiating recovery proceedings after retirement is inordinate and the order is unsustainable as it violates principles of natural justice.
Procedural History
Petitioner retired on 30/06/2007. Show cause notice issued on 17/06/2011, replied by petitioner. Final recovery order dated 31/12/2015. Petitioner filed Writ Petition No.722 of 2016 challenging the order.
Acts & Sections
- Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965:
