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Insp/gd Jitender Singh v. Union Of India And Ors

Insp/gd Jitender Singh v. Union Of India And Ors

(High Court Of Delhi)

W.P.(C) 508/2023 | 17-01-2023

CM APPL. 2021/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. The application is accordingly disposed of.

W.P.(C) 508/2023

3. Vide the present petition, petitioner prays as under:

"a. To quash order dated 11.11.2019, pursuant to which an amount of Rs.3,34,541/- has been recovered from the petitioner and not yet refunded despite the petitioner having been exonerated of all the charges vide order dated 18.10.2021;

b. To direct the respondents to refund the amount of Rs.3,34,541/- to the petitioner alongwith 10% interest from the date of such illegal deduction/recovery."

4. Learned counsel for petitioner submits that for the aforesaid relief(s), petitioner made representations dated 28.03.2022 and 10.08.2022, however, till date, the said representations have not been decided by the respondents.

5. Learned counsel for the respondents, who is appearing on advance notice, has assured this Court that the representations mentioned above shall be decided within four weeks.

6. In view of above, we hereby direct the respondents to decide the abovementioned representations filed by the petitioner within four weeks from today and communicate the decision thereof to the petitioner within one week thereafter with reasoned order.

7. With the aforesaid directions, the present petition is disposed of.

8. Needless to say, if the petitioner feels aggrieved by the decision of the respondents on his representations, he may approach the appropriate forum.

Advocate List
  • Ms. Ankita Patnaik, Advocate

  • Mr. Niraj Kumar, SCGC with Ms.Vidhi Gupta, Adv.

Bench
  • HON'BLE MR. JUSTICE SURESH KUMAR KAIT
  • HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
Eq Citations
  • 2023/DHC/000398
  • LQ/DelHC/2023/273
Head Note

Service Law — Recovery of dues/deduction of salary — Refund of amount recovered — Petitioner exonerated of all charges — Representations made for refund of amount recovered — Respondents assured Court that representations shall be decided within four weeks — Hence, respondents directed to decide representations within four weeks and communicate decision to petitioner within one week thereafter with reasoned order — If petitioner feels aggrieved by decision of respondents, he may approach appropriate forum — Constitution of India, Art. 226