IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.4282 of 2004
Narayan Pradhan Retd. Inspector 9C.C.W.O.,Dhanbad)...............Petitioner
Vrs.
Union of India & Others Respondents
CORAM : HON'BLE MR. JUSTICE AJIT KUMAR SINHA
For the petitioner : Mr. Shailesh, Advocate
For the respondents : Mr. Faizur Rahman, C.G.C.
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07/31.03.2009
In the instant writ petition the petitioner prays for following reliefs:-
(A) For issuance of an appropriate writ, order or direction asking the respondents to
immediately and forthwith stop the illegal recovery to the tune of Rs.38,500/-(thirty
eight thousand five hundred rupees) from the dearness allowance already sanctioned.
(B) For issuance of an appropriate direction asking the respondents to immediately and
forthwith refund the illegal deduction made from the sanctioned dearness allowance
of the petitioner since January, 2004.
The main contention raised by the counsel for the petitioner is that neither any
disciplinary proceeding nor any enquiry was held and the deduction was illegal. It
appears that the petitioner took voluntary retirement in the year 2000 and according to
him no dues certificate was issued on 25.12.2000, however an amount of Rs.38,500/-
was deducted from his D.A. which according to him was informed by the bank. The
admitted fact remains that the petitioner had no right either legal or accrued to continue
in the quarter after he retired within the stipulated period thereafter. In his own
representation he has sought time till the academic session completing in April, 2001.
I have perused the original document produced by the respondents wherein notices
were issued to him to vacate the quarter and he had also filed a reply thereto.
Subsequently several show cause notices were issued asking the petitioner to vacate the
quarter to which he has not replied which also led to lodging of F.I.R. also.
Be that as it may, the fact remains that the petitioner continued in the said quarter
even after the legitimate period prescribed. The argument of any enquiry or disciplinary
proceeding is misplaced since it is not a case of misconduct relating to his service. As
regards the argument with regard to having given a no objection certificate by the
respondent the same is with reference to no dues during the service period whereas the
amount deducted was for illegally retaining the quarter based on penal rent.
Considering the aforesaid facts and circumstances of the case this writ petition, being
devoid of any merit is accordingly dismissed.
(Ajit Kumar Sinha,J.)
NKC