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Government Recovery and Waiver Guidelines

Comprehensive Guide: Recovery and Waiver of Wrongful/Excess Payments by Government Servants

The Government of India, under the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, provides guidelines for the recovery or waiver of wrongful or excess payments made to government servants. This article aims to elucidate the procedures and legal aspects involved in handling such situations.

Supreme Court Judgments and Legal Framework: The Department of Personnel & Training, in consultation with relevant departments, has examined the issue of recovery of wrongful/excess payments in light of Supreme Court judgments. The key judgments, including Chandi Prasad Uniyal vs. State Of Uttarakhand and State of Punjab vs. Rafiq Masih, have provided the legal framework for addressing these matters.

Procedure for Dealing with Wrongful/Excess Payments: The article outlines a systematic approach for Ministries/Departments to handle cases of wrongful/excess payments. This includes immediate corrective action, issuance of showcause notices, consideration of representations, and identification of responsible parties for departmental/criminal action.

Exceptions and Situations of Impermissible Recovery: While recovery is mandated in most cases of overpayment, certain exceptions exist. The article delves into situations where recovery would be impermissible in law, such as recovery from retired employees, employees nearing retirement, or instances of hardship.

Administrative Processes and Approvals: Ministries/Departments are instructed to process waiver requests for recovery in exceptional cases with the approval of the Department of Expenditure. The article provides insight into the administrative procedures involved in seeking waiver of recovery.

Conclusion: In conclusion, this article offers a comprehensive understanding of the procedures and legal principles governing the recovery and waiver of wrongful/excess payments made to government servants. By adhering to these guidelines, administrative bodies can ensure fairness and equity while addressing instances of erroneous payments.