This writ petition has been filed by the petitioner aggrieved by the recovery orders.
Writ petition— This writ petition has been filed by the petitioner wherein the petitioner is aggrieved by the recovery subsequent to passing of the orders by the First Appellate Authority.
In the present case the dispute is with regard to classification issue, and therefore, the authorities have acted in haste in recovering the entire amount within the period of three months wherein there is a provision of appeal under Section 112 of the said Act before the Appellate Court.
Held that—In my view, the authorities have a right to recover only a sum up to 20% as per Section 112(8)(b) of the said Act. Anything over and above the same tantamounts to an excessive recovery made within the period of three months that is allowable for filing of appeal under Section 112 of the said Act.
This writ petition has been filed by the petitioner aggrieved by the recovery orders.
Writ petition— This writ petition has been filed by the petitioner wherein the petitioner is aggrieved by the recovery subsequent to passing of the orders by the First Appellate Authority.
In the present case the dispute is with regard to classification issue, and therefore, the authorities have acted in haste in recovering the entire amount within the period of three months wherein there is a provision of appeal under Section 112 of the said Act before the Appellate Court.
Held that—In my view, the authorities have a right to recover only a sum up to 20% as per Section 112(8)(b) of the said Act. Anything over and above the same tantamounts to an excessive recovery made within the period of three months that is allowable for filing of appeal under Section 112 of the said Act.