Service Law…

🏛️ DELHI HIGH COURT

Service Law Recovery of Excess Payment Post-Retirement Recovery Natural Justice Show Cause Notice — Recovery of alleged excess payments (arising from implementation of 7th CPC) sought from employees after their superannuation, based on undertakings given before superannuation to refund any excess, is impermissible without adhering to principles of natural justice — Issuance of a recovery notice merely demanding refund without providing reasons or basis for the alleged excess, and subsequent rejection of employee’s representation without consideration or reasons, violates natural justice — The employer is obligated to issue a proper show cause notice detailing the grounds for recovery and afford an opportunity of hearing before making recoveries from retiral dues postsuperannuation, notwithstanding any prior undertaking. [Paras 7, 9, 10, 11, 12, 14, 16, 17, 19, 20, 22]

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