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2011 DIGILAW 4578 (MAD)

R. Vijayan v. The State of Tamil Nadu, rep. By the Secretary to Government

2011-11-18

D.HARIPARANTHAMAN

body2011
Judgment :- 1. The writ petition has been filed to call for the records from the file of the second respondent herein relating to the impugned order dated 05.05.2001 in R.O.C.No.100/94/AIS and quash the same. 2. Admittedly, the impugned order of recovery of Rs.91,707/-was passed without enquiry. The recovery is based on the allegation that the petitioner has failed to give accounts for receipt of the advance amount for certain programmes. 3. According to the petitioner, he has submitted the accounts and he denied the allegation. In such circumstances, the respondents ought to have conducted the enquiry before passing the impugned order of recovery. The impugned order was passed in blatant violation of principles of natural justice. Hence, the impugned order is liable to be quashed and the same is quashed. The second respondent is at liberty to decide the matter after conducting enquiry and to pass appropriate order after giving opportunity to the petitioner. 4. The writ petition is disposed of on the above terms. No costs.