9911796707
TMI Blog2022 (8) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... very, 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 subject of 'Review of HRA' which is reproduced in paragraph 7 of the impugned order, according to which Custom Officers posted at Pithampur who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 14.06.2016 requested the Development Commissioner, Indore SEZ to stop payment of HRA @ 20% and recover the excess amount paid to these respondents. After the aforesaid letter, the petitioners have started recovery @ R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 05. The respondents obtained an information through RTI that Audit Memo No.12 on the subject of 'Review of HRA' which is reproduced in paragraph 7 of the impugned order, according to whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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