The CAT has referred to the decision of this Court in K.B. Yadav vs. Union of India (W.P. No. 1885 of 2003 decided on 19.9.2003), in which, it is held that the action of recovery of damage rents without issuance of Show Cause Notice or compliance with principles of natural justice deserves to be set aside. To the same effect are the observations made by this court in case of Shri. N.C. Sharma vs. Union of India - MANU/MH/0301/2004 : 2004 (1) ATJ 481, where again it was held that the principles of natural justice have to be adhered and an opportunity will have to be given to the concerned employee before the recovery or adjustment are effected on the ground of any alleged unauthorised occupation of the Railway quarters. Since, the view taken by the CAT is in consonance with the ruling of the Division Benches of this Court, there is no good ground made out to interfere.
IN THE HIGH COURT OF BOMBAY
Writ Petition No. 3327 of 2006
Decided On: 30.08.2018
Union of India Vs. Sayed Naimuddin
Hon'ble Judges/Coram:
Abhay Shreeniwas Oka and M.S. Sonak, JJ.
Citation: 2019(1) MHLJ 653
