TMI Blog2022 (12) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... espondents' additional work of ISEZ - requirement to conduct an enquiry for making such recovery - HELD THAT:- Undisputedly, before making such recovery, no enquiry was conducted and no show-cause notice was given to the respondents. It is also not the case of petitioners / Department that respondents made any misrepresentation or fraud for getting HRA @ 20%. So far as the entitlement of HRA @ 20% is concerned, the respondents have filed various appointment orders (Annexure-A/2) to show that they were given the additional charge of ISEZ, Indore and some of them were regularly posted for three years and the same has not been disputed by the petitioners. The respondents obtained an information through RTI that Audit Memo No.12 on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The petitioners / Union of India has filed the present petition being aggrieved by the order dated 21.02.2022 passed by the Central Administrative Tribunal in O.A. No.200/674/2018, whereby the aforesaid OA has been allowed. 02. Facts of the case in short are as under:- 2.1. At the relevant point of time, the respondents No.1 to 11 being Preventive Officer of the Department of Commerce posted at Pithampur as well as at Indore Special Economy Zone (SEZ). They were paid House Rent Allowances (HRA) @ 20% of the basic salary treating them to be posted at Indore to look after the work of ISEZ. They were paid HRA from the year 2013 14, 2014 15 and 2015 16. All of a sudden, Appraiser (Personnel), Indore SEZ vide letter dated 14.06.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Administrative Tribunal has set aside the recovery. Hence, the present petition before this Court. 03. We have heard Shri Sudhanshu Vyas, standing counsel for Union of India and perused the record. 04. Undisputedly, before making such recovery, no enquiry was conducted and no show-cause notice was given to the respondents. It is also not the case of petitioners / Department that respondents made any misrepresentation or fraud for getting HRA @ 20%. So far as the entitlement of HRA @ 20% is concerned, the respondents have filed various appointment orders (Annexure-A/2) to show that they were given the additional charge of ISEZ, Indore and some of them were regularly posted for three years and the same has not been disputed by the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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