Aurangabad, May 10:
The Maharashtra Administrative Tribunal (MAT - Aurangabad Bench), Justice V D Dongre has stayed the order of recovering excess amount released to the applicant Sakharam Kashid some five years ago.
The tribunal also ordered to serve notice to respondents of the original application for challenging the deputy chief executive officer's action after five years and did not implement the social justice process.
Kashid is attached to the Udharva Pravara Canal Project (of the Department of Water Resources), at Ghulewadi in Sanganmer. His office initiated the action to recover Rs 1.18 lakh. The installment of Rs 7891 was to be deducted for 15 months. However, prior to the release of this recovery order, no correspondence was made with Kashid. The recovery got started suddenly, as a result, through Adv Avinash Khedkar, he filed an original application challenging the recovery. After hearing the tribunal gave the above order. Officer D R Patil represented on behalf of the government.
Violation of the Constitution
During the hearing, Adv Khedkar brought to the tribunal's notice the Supreme Court's observation in the case of petitioner Rafiq Masiha against the Punjab Government. It would be a violation of the Constitution if the order to recover the excess money released to an employee due to mistake is issued without any prior notice or not allowing him to submit his say or if the Class III and IVth personnel is on verge of retirement in a year.