Decided on February 08,2019

Chanambam Thoiba Singh Appellant


Nobin Singh - (1.) Heard Shri N. Jotendro, learned Senior Advocate appearing for the petitioner and Shri S. Samarjeet, learned CGC appearing for the respondents.
(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of certiorari or any other appropriate writ to quash and set aside the order dated 11.09.2017 issued by the Account Officer, Office of the Controller of Communication Accounts thereby withholding a sum of Rs. 13,16,633/- (Rupees thirteen lakhs sixty three thousand six hundred and thirty three) only.
(3.) According to the petitioner, he was initially appointed as the Junior Engineer (Civil) under the Post and Telegraph Sub-Division (Civil), Imphal vide order dated 06.10.1982 issued by the Assistant Director, Telecom (E) General Manager: N.E. Telecom Circle, Shillong and since then, he had been discharging his duties sincerely, diligently and satisfaction to all concerned, without any break, till he attained the age of superannuation. 3.2. The petitioner was given promotions from time to time and lastly, he was promoted to the post of Executive SDE (Telecom) vide order dated 26.07.2013 issued by the Chief General Manager, NETF. On attaining the age of superannuation, the petitioner was allowed to retire from service w.e.f. 28.02.2017 vide order dated 28.02.2017 issued by the Deputy General Manager, Task Force, Jorhat. A 'No Due Certificate' was issued in favour of the petitioner vide order dated 01.05.2017 issued by the AGM (Admn. and Plg.), Office of the GMTD, BSNL, Manipur, SSA thereby stating that there was no dues of License fee and other applicable charges upto October, 2017 as per the record available in its office. But while releasing the amount of Rs. 18,23,023/- (Rupees eighteen lakhs twenty three thousand and twenty three) only being the payment of his gratuity, the Accounts Officer, Officer of the Controller of Communication Accounts, BSNL, Pan Bazar, Guwahati vide its order dated 11.09.2017 withheld a sum of Rs.13,63,633/- (Rupees thirteen lakhs sixty three thousand six hundred and thirty three) only towards recovery of excess amount paid to the petitioner. 3.3. Being aggrieved by the deduction of the said amount, the instant writ petition has been filed by the petitioner on the inter-alia grounds that in a similar case, this Court had passed an order dated 18.04.2005 directing that no recovery of excess amount be made. Similarly, a judgment and order dated 6.11.18 passed in WP(C) No.456 of 2005 was challenged by way of a writ appeal being WA No. 61 of 2009 which was dismissed by the Division Bench on 28.1.2011. The revision of pay was made, from time to time, by the competent authority without any initiation from the side of the petitioner. Unless the amount so received has been managed to withdraw by the petitioner on his initiation, no deduction can be made and the petitioner cannot be made to suffer on account of the error having been committed by the competent authority.;

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