CAT allows Khemka’s plea against govt order on LTC to his mother

Sushil Manav

Tribune News Service

Chandigarh, February 17

The Central Administrative Tribunal (CAT) today allowed the ‘Original Application’ (OA) of Haryana IAS officer Ashok Khemka against the Chief Secretary’s order that cancelled leave travel concession (LTC) that was sanctioned for his (Khemka’s) mother.

A Division Bench of CAT today allowed the OA, but a detailed order will be pronounced after Monday.

Khemka had stated in his plea (OA No. 60/1119 of 2016) that on October 8, 2013, he moved an LTC application with the government, seeking relaxation of advancing journey to Kolkata by his mother by 20 days on medical and health grounds.

The LTC was sanctioned with relaxation by competent authorities, the Chief Secretary and the Chief Minister on October 14, 2013.

Khemka’s mother made the outward journey on December 12, 2013, and the inward journey on April 5, 2014. An amount of Rs 12,397 actually spent on the journey was reimbursed on April 21, 2014.

However, on June 1 last year, through a letter issued by the Department of Personnel and Training, the present BJP government withdrew the LTC and asked Khemka, presently posted as Principal Secretary, Science and Technology Department, to deposit the amount used as travel allowance.

The government maintained in its reply to CAT that Khemka could not have availed of the LTC in advance, which was due in the next block year.

In his written arguments submitted to CAT, Khemka contended that the rules of natural justice have been violated by passing an order without providing him with the opportunity of being heard and a review of the sanction given earlier was not permissible.

Khemka had argued that in contrast, the respondent (Chief Secretary) had, through an instruction, allowed one month’s gross salary to members of the All India Services serving in the state without travel.

“This is against the grundnorm of the LTC scheme and is immoral, arbitrary, abuse of power, and undue enrichment of officers at the cost of public money,” Khemka had contended.

He argued that a large number of officers of the All India Services serving in the state would receive in excess of Rs 2 lakh without travel or incurring expenditure.

“Even I will be entitled to Rs 2.1 lakh without incurring any expenditure on travel. But I was being put to mental harassment after 3 years for a mere Rs 12,397 being reimbursement of expenditure actually incurred on travel from Chandigarh to Kolkata and back, ” he had argued.