STATE OF HARYANA Vs. K N DUTT

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) The State of Haryana and the Accountant General, respondents in Civil Writ Petition No. 9110 of 1993 in the High Court of Punjab and Haryana, are the appellants. The petitioner in the civil writ petition is the sole respondent herein. The prayer in the writ petition was for a declaration that the deduction of the alleged Government dues from D. C. R. G. (Death-Cum-Retirement Gratuity) of the petitioner is illegal and for a direction in the nature of mandamus calling upon the respondents in the writ petition - the State of Haryana and the Accountant General - to refund the amount of Rs. 24,996/- along with interest at the rate of 18% per annum. By order dated 10-12-1993 the Division Bench of the High Court, comprising of Hon'ble Mr. Justice M. R. Agnihotri and Hon'ble Mr. Justice B. S. Nehra, allowed the writ petition and directed the respondents in the writ petition to refund the amount of Rupees 24,996/-, deducted by the State Government from the gratuity of the petitioner . Aggrieved by the aforesaid decision of the Division Bench the appellants have come up in appeal.

(3.) We heard counsel on both sides. The matter has a chequered history. The respondent, a retired Chief Engineer of the Irrigation Department in the Haryana State, was a senior responsible officer. He retired on 30-11-1989. While in service the respondent had availed of House Building Advance and Motor Car Advance Ioans against gratuity in the years 1973 and 1976. He had executed an agreement and had signed an undertaking that in case he fails to repay the loan, the same can be recovered from his gratuity with interest at the time of his retirement from the service. It seems that disciplinary proceedings were initiated against the respondent, which resulted in withholding of the outstanding retirement benefits. The respondent filed Civil Writ Petition No. 12654 of 1990 and prayed for appropriate reliefs. A Division Bench of the High Court comprising of Mr. Justice M. R. Agnihotri and Mr. Justice K. P. Bhandari directed the State of Haryana, Financial Commissioner and the Accountant General, the respondents in the writ petition,to release to the petitioner therein all pensionary benefits to which he was entitled to under the rules as the charges were not served on him before his retirement on attaining the age of superannuation. The judgment is dated 21-11-1990. Thereafter, the matter took a different turn. The respondent herein initiated proceedings in contempt for implementation of the Judgment dated 21-11-1990. Finally, a learned Single Judge of the High Court passed the following order dated 28-4-1993, in the matter:-