Courts can’t order recovery after quashing appointment, says SC
5 Nov 2013 11:50 PM GMT
‘We are of the resolute opinion that even while issuing a writ of quo warranto, there cannot be any direction for recovery of the sum...,’ a bench of justices Anil R Dave and Dipak Misra said.
The bench said, ‘a judgment can be erroneous but when there is a direction for recovery of the honorarium, it indubitably creates a dent in the honour of a person. Honour once lost may be irredeemable or irresuscitable.’
The court set aside the judgement of the Orisa high court which, while deciding a PIL, had quashed the appointment of BC Jena as the CEO of Central Electricity Supply Utility of Orissa (CESU) and also directed the PSU to recover the amount paid to Jena as honorarium.
‘Even in a writ of quo warranto while declaring that a person is not eligible to hold the post had rendered service, we are disposed to think, there cannot be recovery of amount’, it said.
‘While exercising the power for issue of writ of quo warranto, the court only makes a public declaration that the person holding the public office is a usurper and not eligible to hold the post and after the declaration is made he ceases to hold the office,’ it said adding that a person cannot be deprived of his salary as it would amount to forced labour which is impermissible.
The bench said, ‘a judgment can be erroneous but when there is a direction for recovery of the honorarium, it indubitably creates a dent in the honour of a person. Honour once lost may be irredeemable or irresuscitable.’
The court set aside the judgement of the Orisa high court which, while deciding a PIL, had quashed the appointment of BC Jena as the CEO of Central Electricity Supply Utility of Orissa (CESU) and also directed the PSU to recover the amount paid to Jena as honorarium.
‘Even in a writ of quo warranto while declaring that a person is not eligible to hold the post had rendered service, we are disposed to think, there cannot be recovery of amount’, it said.
‘While exercising the power for issue of writ of quo warranto, the court only makes a public declaration that the person holding the public office is a usurper and not eligible to hold the post and after the declaration is made he ceases to hold the office,’ it said adding that a person cannot be deprived of his salary as it would amount to forced labour which is impermissible.
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