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Jharkhand High Court · body

2011 DIGILAW 957 (JHR)

Satya Narayan Prasad Singh v. Jharkhand State Electricity Board through its Chairman, Ranchi

2011-10-17

D.N.PATEL

body2011
ORDER By the Court.-Present petition has been preferred mainly for the reason that the petitioner has not been getting the regular pension. gratuity and show-cause notice (letter dated 23rd March. 2011 at Annexure 5 to the memo of the petition) has been given by the respondents for deduction of Rs. 1.44.440/- from the retirement benefits of the petitioner. The petitioner retired on 31st July. 2009. 2. It is submitted by counsel for the petitioner that the show-cause notice (at Annexure 5 to the memo of the petition) has been given much later after the retirement of the petitioner. The amount was never paid to the petitioner because of• misrepresentation of the petitioner and there is no allegation upon the petitioner that the amount was paid to the petitioner because of the fraud played by the petitioner. As there are no such allegations and therefore, this amount cannot be deducted from the retirement benefit of the present petitioner. It is also submitted by the counsel for the petitioner that looking to the counter affidavit filed by the respondents. they have already deducted an amount of Rs. 1.44.000/- without any final order being passed on the show-cause notice. which is Annexure 5 to the memo of the petition and therefore also, this amount could not have been deducted from the retirement benefits of the present petitioner. 3. Counsel appearing for the respondents submitted that they have filed a detailed counter-affidavit and as per paragraph 24 of the counter-affidavit the respondents are paying within one week the balance amount of pension and balance of the gratuity as claimed by the petitioner in the writ petitioner. if not already paid. 4. So far as deduction of the amount Rs.l.44.440/- is concerned. it is submitted by the counsel for the respondents that the petitioner has purposely suppressed the fact that he had received excess amount of Rs. 1,44.440/- in course of employment and therefore, this amount could not have been retained by the petitioner. Necessary show-cause notice (Annexure 5 to the writ petition) has also been given to the petitioner. Thus, after giving adequate opportunity of hearing to the petitioner the same amount has been deducted from the retirement benefit and therefore. no illegality has been committed by the respondents in deducting this amount. . 5. Necessary show-cause notice (Annexure 5 to the writ petition) has also been given to the petitioner. Thus, after giving adequate opportunity of hearing to the petitioner the same amount has been deducted from the retirement benefit and therefore. no illegality has been committed by the respondents in deducting this amount. . 5. Having heard counsel for both side and looking to the facts and circumstances of the• case, I, hereby, quash and set aside the order of deduction of Rs. 1.44.000/from the retirement benefit of the petitioner for the following facts and reasons : (I) that petitioner has already been assured by paragraph No. 24 of the counter-affidavit that within one week part payment of the pension - and part payment of gratuity shall be made to the petitioner. Therefore. grievance ventilated by the petitioner in the memo of the petition regarding pension and gratuity has been brought to an end, as per paragraph No. 24 of the counter-affidavit. (II) So far as deduction of Rs. 1.44, 000/- is concerned. it appears that a show-cause notice, dated 23rd March. 2011 (Annexure 5 to the memo of the petition) was given to the petitioner but without passing final order on the show-cause notice. directly this amount has been deducted by the respondents. Thus, this amount of 1.44,000/- has been deducted without passing any order .on the show-cause notice. However. the letter dated 14th October. 2011 (at Annexure 2 to the counter-affidavit) regarding deduction of Rs. 1.44.000/- from retirement benefit of the petitioner is also a non-speaking one. How this figure of Rs. 1.44.000/- has been arrived at. has not been reflected at all from Annexure 5 to the memo of the petition nor it is reflected in the Annexure 2 to the counter-affidavit. The figure of Rs. 1,44.000/can not be calculated by the respondents from nowhere and there ought to be some basis. The petitioner has retired on July 2009 and after retirement. without holding any enquiry and without passing any final order on the show-cause, this amount of Rs. 1.44,000/- has been deducted from the retirement benefit of the petitioner. 6. I. therefore, quash and set aside the order of deduction of Rs•. 1,44,000/ - from the retirement benefit of the petitioner and I direct respondents to make payment of Rs. 1.44,000/- to the petitioner within four weeks of the receipt of a copy of this order. 7. 1.44,000/- has been deducted from the retirement benefit of the petitioner. 6. I. therefore, quash and set aside the order of deduction of Rs•. 1,44,000/ - from the retirement benefit of the petitioner and I direct respondents to make payment of Rs. 1.44,000/- to the petitioner within four weeks of the receipt of a copy of this order. 7. This writ petition is allowed and disposed of with the aforesaid extent. Petition allowed.