Himachal Pradesh High Court Quashes Recovery Order Against Teacher

Court Declares Rs. 39,213 Recovery Order Unlawful, Upholds Principles of Natural Justice

In a significant judgment, the Himachal Pradesh High Court has quashed a recovery order of Rs. 39,213 against Ravinder Kumar, a Junior Basic Teacher, who was serving as an Ex-Officio Member Secretary of the School Management Committee (SMC) at Government Primary School Jol in District Hamirpur. The order, issued without conducting a proper departmental inquiry, was deemed arbitrary and unsustainable by the court, violating the principles of natural justice.

The case arose when the State Authorities ordered the recovery against Kumar for alleged misappropriation of funds intended for constructing a classroom and implementing Building as Learning Aid (BALA) features at the school. The petitioner argued that the construction work was primarily the responsibility of the Junior Engineer, and the funds were utilized as per the sanctioned amount, with discrepancies arising only from subsequent reassessment reports.

Justice Ranjan Sharma, presiding over the case, highlighted that the recovery order was issued without affording Kumar the opportunity for a proper defense, thereby breaching procedural fairness under the Central Civil Services (Classification, Control and Appeal) Rules. The court noted that the imposition of such a penalty without a departmental inquiry or proven allegations of misconduct was unwarranted.

The High Court's ruling emphasized the necessity of following due process, especially in cases involving public servants. The court reiterated that recovery from Class-III employees, like Kumar, should not be executed without clear evidence of misrepresentation or fraud, aligning with the Supreme Court's stance in similar cases.

The judgment also pointed out the inconsistencies in the assessment reports concerning the construction expenditure, which varied significantly, thus undermining the basis for the recovery order. The court directed that any liability for the construction discrepancies should be determined through a comprehensive inquiry involving all responsible parties, including the Junior Engineer and SMC members.

In its final directions, the court declared the recovery order dated June 17, 2014, and similar directives as inoperative, ensuring that Kumar faces no financial burden arising from the impugned order. The decision marks a reaffirmation of equitable principles, safeguarding employees from arbitrary administrative actions.

The State's counsel, alongside the counsel for other respondents, was unable to provide substantial justification for bypassing the procedural mandates required for such recoveries. Consequently, the court's decision not only provides relief to the petitioner but also sets a precedent for upholding employee rights against unauthorized administrative recoveries.

Bottom Line:

Recovery of alleged misappropriated funds from a Class-III employee without conducting proper departmental inquiry is arbitrary, unreasonable, and unsustainable in law.

Statutory provision(s): Central Civil Services (Classification, Control and Appeal) Rules, Right of Children to Free and Compulsory Education Act, 2009, Sections 24 and 27

Ravinder Kumar v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2795083