Allahabad HC stays recovery orders against retired Army Colonel Sharma

The Allahabad High Court has stayed coercive action against retired Army officer Col. Kush Kumar Sharma, who is challenging recovery orders of nearly Rs 30.71 lakh from the Defence Accounts Department and the Tripura Public Service Commission.

The Allahabad High Court on Sunday stayed any coercive action against retired Army officer Colonel Kush Kumar Sharma till the next date of hearing while hearing a writ petition challenging two recovery orders issued against him. The order was passed by the single bench of Justice Prakash Padia on a petition filed by Colonel Sharma.

Details of the Recovery Orders

According to the petition, the Defence Accounts Department and the Tripura Public Service Commission had issued separate recovery orders against Sharma, who was appointed Chairman of the Tripura Public Service Commission in 2023 after retiring from the Army. The Defence Accounts Department reportedly treated his appointment as re-employment and ordered recovery of around Rs 22.62 lakh towards dearness allowance, while the Tripura Public Service Commission also initiated recovery proceedings of nearly Rs 8.09 lakh, citing excess payment.

Court's Observations and Directions

Counsel for the petitioner argued before the court that both recovery orders were passed without issuing notice or providing an opportunity for a hearing, which was against the principles of natural justice. The High Court granted four weeks to the Centre and other respondents to file their replies. The court also directed that no coercive action be taken against the petitioner based on the disputed orders till the next hearing. The court further observed that notice had been served to the ASGI, but no counsel appeared on behalf of the Union Government during the hearing. (ANI)

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