SANJAY ANAND vs PUBLIC WORK DEPARTMENT R AND B on 5 November 2026

CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU Order Sheet Item no.: 10 M.A./1634/2026 (JAMMU) [ DIRECTION ] [ SENIOR CITIZEN ] In Diary No.: 4584/2026 PENSION Court No.: 1 No of Adjournment: Order Dated: 05/11/2026 SANJAY ANAND Vs PUBLIC WORK DEPARTMENT R AND B

For Applicant(s) Advocate : Mr. Himanshu Beotra For Respondent(s) Advocate : Mr. Hunar Gupta, D.A.G. for Respondents No. 1 to 5, Mr. Akshay Sadotra, panel counsel for Respondents No. 6 & 7 Order of The Tribunal (THROUGH HYBRID MODE) Miscellaneous Application No. 1634 of 2026 The instant M.A. has been filed by the applicant seeking (i) exemption from filing the communication of respondent No. 2 addressed to Respondent No. 7, which has not been supplied to the applicant; (ii) a direction to the respondents to produce the same along with the relevant record and (iii) exemption from filing fair typed copies of dim annexures. The aforesaid M.A. is partly allowed for prayer number (iii) only and consequently, applicant is exempted from filing fair typed copies of dim annexures subject to condition as and when required, he will produce the same. Diary No. 4584 of 2026 The applicant in this Original Application (in short O.A.) is aggrieved of impugned Order No. PWD-LIT/486/2025-05 (7699599) dated 13.10.2026 issued by Respondent No. 3 whereby recovery proceedings has been proposed to be initiated against him for an amount of Rs. 7,43,777/- along with interest without issuing any showcause notice in violation of principles of natural justice. Learned counsel for the applicant submitted that the applicant was not posted in the Sub Division R S Pura, when the construction work of improvement and reconstruction of various link roads was awarded to a private contractor, who succeeded in a suit filed against the Public Works (R&B) Department before a Civil Court, vide judgement dated 04.10.2025 and was found entitled to sum of Rs. 7,43,777/- along with interest at the rate of 6%, which was upheld by the Hon'ble High Court of Jammu & Kashmir on 07.09.2026. It is further submitted that Civil Suit was decreed on the statement of the defendents therein that amount of Rs. 7,43,777/- has been demanded from the Administrative Division but funds have not been received till date, due to which payment could not be made to the plaintiff. It is further submitted that the applicant in the said Civil Suit was made party in his official capacity and the aforesaid amount cannot be deducted from his pensionary benefits. Issue notices to respondents. Mr. Hunar Gupta, learned D.A.G. and Mr. Akshay Sadotra, learned panel counsel appear and accept notices on behalf of Respondents No. 1 to 5 and Respondents No. 6 & 7 respectively. Learned D.A.G. submitted that the O.A. filed by the applicant is premature, as no steps have been taken by the respondents for recovery of the aforesaid amount from the applicant. Heard & considered. The applicant has been able to make out a prima facie case for grant of interim relief. Accordingly, as an interim measure, subject to objections from other side and till the next date of hearing, the respondents are restrained from making recovery from the applicant, in any manner. List on 31.12.2026. Let reply to O.A. be filed by the respondents by or on the next date of hearing with advance copy to learned counsel for the applicant. Pragya Sahay Saksena Member (A) Sanjeev Gupta Member (J) Arun Kumar ( )