JUDGEMENT
RAKESH KUMAR JAIN, J. -
(1.) This petition is filed against the order dated 26.04.2011 (Annexure P-3) by which the petitioners have been asked
to pay the amount which is alleged to have been illegally obtained by
them under the Old Age Pension Policy. The only contention raised by
counsel for the petitioner is that the respondents have not given any
show cause notice before issuing recovery notice and have thus, violated
the principal of natural justice much less audi alteram partem.
(2.) Counsel for the respondents has fairly conceded that there is not even a whisper in the reply submitted by the State from which it can be
inferred that any show cause notice was given to the petitioner and they
were associated in any kind of inquiry before recovery notice was issued
to them.
(3.) Since there is a complete violation of principal of natural justice, therefore, the recovery notices are illegal as the petitioners are
entitled to show cause notice and are also entitled to be joined with the
inquiry before it is held that they are not entitled to the Old Age
Pension Policy.;
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