Rabindra Nath Sen gets relief from Calcutta High Court
The decision of Ministry of Power to recover Rs 13,76,619 by issuing order dated March 27, 2018 is ex-facie illegal which depicts non-application of mind, the court said in its order;
Rabindra Nath Sen, former Chairman DVC was accused of assuming higher pay and perks during his tenure as DVC chairman and not refunding them resulting in corruption in 2015.
Now an order of Calcutta High Court on the issue has blamed Ministry of Power (MoP) for erroneous decision relating to fixation of terms and conditions of the service of Sen. The decision of the Ministry of Power to recover Rs 13,76,619 by issuing order dated March 27, 2018 is ex-facie illegal which depicts non-application of mind.
In above conspectus, the letter dated July 3, 2013 of fixing terms and conditions of deputation service of the petitioner and order dated March 27, 2018, both issued by Ministry of Power , Govt of India, stands set aside.
MoP in an order dated July 20, 2022 and order dated March 27, 2018 issued by Dilip Kumar being Under-secretary to the Government of India, Ministry of Power wherein it has been disclosed that a complaint dated January 20, 2015 was made by Padamjit Singh being forwarded by CVC vide its office memo dated April 2, 2015 on alleged excess drawn amount by the petitioner being the ex-chairman of DVC.
Accordingly it was decided that a sum of Rs 22,18,309 in total would be recovered from the petitioner out of which DVC would recover Rs 8,41,690 and the NTPC would recover Rs 13,76,619 from the petitioner.
Ministry of Power incorporated clauses 1.8, 1.10 and 2 which runs infra:-“1.8. Other allowances/perks: It is only permitted in CPSEs, and DVC is not a CPSE, hence he will not be entitled for any other allowances and perks.” The authorities of NTPC rightly released superannuation benefits in favour of the petitioner after his retirement on application of extant rules prevalent at the material point of time governing the service of officers to NTPC.
Now after receiving the above court order, it is amply clear that lot of injustice has been done on him may be due to external influence who were promoting corruption at DVC.