The Bombay High Court at Goa has quashed communications and orders from the Central government and State Bank of India (SBI) by which the pension due to Meera D’Souza, the widow of freedom fighter Anthony D’Souza was being ‘recovered’ allegedly because there was “overpayment”.
In its ruling, the High Court ruled that the central government and the SBI couldn’t commence the deduction and recovery without first issuing a notice to the pensioner and giving her a chance to explain her position.
“The correspondence between the Central government and the SBI, based on which the bank addressed certain letters to the petitioner and even commenced the deduction, was entirely behind the back of the Petitioner. Neither the Central government nor the bank issued any show cause notice to the Petitioner nor granted her any opportunity before concluding that there was some overpayment and proceeding with the recovery to the extent of 1.89 lakh up to date,” the High Court ruled.
“At this stage, we do not propose to go into the issue of whether the Central government or the SBI were justified in concluding that there was any overpayment to the Petitioner. However, we are satisfied that any finding as to overpayment or recoveries should have been preceded by minimum compliance with the principles of natural justice and fair play. The decision and the consequent recoveries undoubtedly visit the Petitioner with serious civil consequences,” the High Court said, while quashing and setting aside the communications on “short but fundamental premise”.
The High Court, however, granted the Central government liberty to issue to Meera D’Souza a show cause notice explaining the tentative reason why according to it, there was an overpayment and, further, the necessity for recoveries
“Such Show Cause Notice may be issued within a month from today, failing which, the Petitioner would be entitled to insist upon the restoration of the amount of Rs 1.89 lakh to her pension account,” the High Court ruled.
“The petitioner is an elderly widow of a Freedom Fighter. This minimum is undoubtedly due,” he ruled.
Anthony D’Souza, also known as Tony, son of Pascol John D’Souza, resigned from his bank job in Bombay at Lloyd’s in 1952 to join the National Congress Goa party and participate in the freedom movement.
After the liberation of Goa, he was awarded the Tamrapatra by the Central government. He passed away in Bombay on March 1,1981.
