U.S.DAHARWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein calls in question the order dtd. 3/4/2010 (Annexure P-3) passed by respondent No.3, whereby respondent No.3 has directed for recovery of amount of Rs.1,31,295.00 payable as arrears pursuant to the recommendation of 6th Pay Commission and also calls in question the order dtd. 20/7/2010 (Annexure P-7A) passed by respondent No.2 by which an amount of Rs.3,50,000.00 payable towards group gratuity and an amount of Rs.1,10,250.00 towards leave encashment, total Rs.4,60,250.00 has been directed to be adjusted towards an amount of recovery directed pursuant to the order of disciplinary authority dtd. 28/7/2009.

(2.) In a disciplinary proceeding initiated against the petitioner, he was inflicted with penalty by order dtd. 28/7/2009 (Annexure P-1) and the disciplinary authority directed for reduction of lower scale of pay for one year and also imposed recovery of Rs.15,53,049.00 against the petitioner, against which, the petitioner had preferred an appeal under the provisions contained in Regulation 136 to 139 of the Chhattisgarh Van Vikas Nigam Karmchari Sewa Adhiniyam, 1984 (hereinafter called as 'Regulation 1984'). That appeal was pending and during the pendency of appeal before the appellate authority, the orders dtd. 3/4/2010 (Annexure P-3) and 20/7/2010 (Annexure P-7A) came to be passed adjusting the amount of leave encashment, arrears of 6th Pay Commission and group gratuity, which has been called by the petitioner as arbitrary, illegal, without jurisdiction and without authority of law.

(3.) Return has been filed by respondents No.2 to 4 supporting the orders dtd. 3/4/2010 (Annexure P-3) and 20/7/2010 (Annexure P-7A) stating inter-alia that the petitoner has caused loss to the tune of Rs.42,41,693.00 to the respondent-Nigam and that is why, he has been penalty as well as directed for recovery of Rs.15,53,049.00.