Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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somasekhar kattunga   26 June 2022

illegal recoveries

Departmental recoveries before the final verdict of concern board or court


Learning

 5 Replies

P. Venu (Advocate)     26 June 2022

What are the facts? What is the context?

somasekhar kattunga   26 June 2022

Good evening sir,
This is Somasekhar kattunga, working in the capacity of deputy plantation Manager at Andhra Pradesh state Forest Development corporation. 5yrs ago with out any evidence, our head office authorities were suspended me from duties.
Then they were conducted priliminary enquiry at head office and detained me in the office and taken the statement as their wish. finally they were issued the charge sheet and issued recovery rs 500000 with out any valid evidences. They conducted enquiry for above case but we asked evidences and witness but they were refused to summon the witness and evidences. so i appeal to the APFDC board, which was appointed by A. p. state government. The final judgement or verdict not issued sofar, but our APFDC recovery of amount started from my monthly salary. last month total deductions and recoveries were made 62percentage of my gross salary with out issue any proceeding orders and intimation

Dr J C Vashista (Advocate)     27 June 2022

Did you not apply with appeal to the APFDC Board to stay operation of impugned order ?

If not then, you should apply immediately to stay the order passed by autorities qua recovery of penalty imposed in departmental proceeding / punishment.

SHIRISH PAWAR, 7738990900 (Advocate)     27 June 2022

Hello,

You have to challenge the salary attachment. 62% of salary cannot be attached. Further in your case final judgement is also not delivered. You may file writ in high court. 

P. Venu (Advocate)     27 June 2022

Short of adjectives and your subjective opinions, recovery is being made after complying with the due process i.e. a departmental proceedings have been conducted and concluded and recovery has been ordered. 

The appeal submitted is still pending, without any decision. If so you may approach the Administrative Tribunal ( if so empowered) or the High Court and seek stay as well as direction for early disposal of the appeal.


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