IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 1333 of 2009
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Rameshwar Lal ... Petitioner
Versus
The State of Jharkhand and others ... Respondents
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CORAM : HONBLE MR. JUSTICE R. K. MERATHIA
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For the Petitioner : Mr. A. K. Sahani, Advocate
For the State : J.C. to Sr. S.C. I
For the A.G. : Mr. S. Shrivastava
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3. 4.01.2010
: This writ petition has been filed for quashing the order
issued under Memo No. 189 dated 27.3.2006, directing recovery
of Rs. 1,93,831.54 from the petitioner.
It is submitted by Mr. Sahani that the case of the petitioner
was not considered before passing the impugned order. He
further submitted that the retiral dues has also not been paid to
the petitioner.
Counsel for the State, referring to the counter affidavit, filed
as far back as on 13.4.2009, submitted that a departmental
proceeding was initiated against the petitioner in the year 1998
with respect to theft of the said amount, which was the loss
caused to the Government. Charges were framed against the
petitioner and show cause was asked. The Inquiry Officer after
conducting the inquiry, in accordance with law, found the
petitioner guilty and recommended for recovery of the said
amount from the petitioner. Second show cause was also issued,
but the petitioner submitted his reply only after reminders.
Petitioner’s reply was not found satisfactory and only thereafter
the said order was passed for recovery of the said amount, which
is perfectly legal and justified.
Petitioner has not filed any rejoinder controverting the said
position. He challenged the said order of recovery passed in the
year 2006, after about 3 years by filing this writ petition. Petitioner
retied in year 2008. It appears that the relevant aspects have
been taken into consideration, while passing the order of
recovery. I do not find any reason to interfere with the impugned
order of punishment.
However, with regard to payment of retiral dues it is said in
the counter affidavit that petitioner was asked vide letter No. 296
dated 4.3.2008 and letter No. 913 dated 26.9.2008 to make
available his necessary documents for fixation of pension and for
payment of his retiral dues. It is also submitted that the provident
fund amount has already been paid and group insurance amount
has been sanctioned and sanction of leave encashment, gratuity
and pension is under process.
Mr. Shrivastava, appearing for the Accountant General,
submitted that as soon as the petitioner and the department
comply with the necessary formalities, necessary action will be
taken as early as possible.
In the result, the order of recovery is confirmed. The
petitioner is given liberty to comply with the formalities asked by
the department within four weeks. Within four weeks, thereafter
the department will do the needful and will send the papers to the
Accountant General., who will also do the needful, within four
weeks thereafter so that the admitted retiral dues of the petitioner
is paid to him.
This writ petition is disposed of with the observation and
direction aforesaid. No costs.
(R. K. Merathia, J.)
MK