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2004 DIGILAW 666 (MP)

K. P. SHARMA v. UNION OF INDIA

2004-08-16

A.K.GOHIL, S.S.JHA

body2004
S. S. JHA AND A. K. GOHIL, JJ. ( 1 ) HEARD. Petitioners stood guarantors for one Badri Prasad Mishra to secure house loan from respondent-department. Badri Prasad mishra was removed from service and thereafter his dues have been recovered from the retirement dues of both the petitioners. They challenged the order of recovery before the Central Administrative Tribunal. Tribunal has held that the recovery is not a service matter and dismissed the petition. ( 2 ) CONTENTION of counsel for petitioners is that the amount of the borrower deposited in the credit of G. P. F. with the respondents be adjusted towards the outstanding loan and remaining amount can be recovered from their dues. It is further contended by counsel for petitioners that without adjudicating entire matter and without any order for recovery as arrears of land revenue, the recovery is bad in law. No recovery can be made from the retirement dues. ( 3 ) COUNSEL for respondents submitted that petitioners have submitted an undertaking that his application for voluntary retirement be accepted and if any Government dues are against him, they may be adjusted from the settlement. ( 4 ) RESPONDENTS have filed documents and the surety bonds executed by both the petitioners wherein they have admitted that the government may, without prejudice of any other rights and remedies, recover from both the guarantors the said sum as arrears of land revenue. It is further agreed by the petitioners that any forbearance in enforcement of the said bond or any other indigence granted to the bounden of any other conditions or circumstances under which in lieu of surety would be discharged will not discharge them from their liability to pay the sum and for the purpose of enforcement of the bond their liability under the bond will be as principal-debtors and joint and several with that of the bounden. ( 5 ) IT is contended by counsel for respondents that since the petitioners have executed a bond, therefore, under the bond the amount has been recovered. The bonds have been executed jointly by both the petitioners. ( 6 ) ONLY contention of the petitioners is that the amount can be recovered from the dues of said Badri Prasad Mishra, who has been removed from service. The bonds have been executed jointly by both the petitioners. ( 6 ) ONLY contention of the petitioners is that the amount can be recovered from the dues of said Badri Prasad Mishra, who has been removed from service. ( 7 ) TRIBUNAL has rightly held that Badri prasad Mishra was not entitled for any gratuity or pension, as his services have been terminated after departmental enquiry. However, as regards the amount of G. P. F. payable to the principal-debtor is concerned, that cannot be recovered as arrears of land revenue. However, since the amount against badri Prasad Mishra can be recovered as arrears for land revenue, therefore, the amount of G. P. F. with interest payable to Badri Prasad mishra will be recoverable immediately after payment of amount to said Badri Prasad mishra. ( 8 ) IN the said facts of case, the amount standing in the credit of Badri Prasad Mishra with interest should be kept as a security against loan and after adjusting the said amount any amount due from the debtor can be recovered from the petitioners. Respondents are, therefore, directed to act as indicated above. ( 9 ) IF any other amount is payable to said badri Prasad Mishra, it (sic) may be adjusted towards the outstanding debt. ( 10 ) WITH the aforesaid observations, petition is disposed of. .