G G PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this petition preferred under Article 226 of the Constitution of India, is to the order dated 28.02.2008, passed by respondent No.2 Director, Accounts and Treasuries, whereby an amount of Rs.1,39,428/ has been recovered from the gratuity of the petitioner. The petitioner has prayed for the refund of the said amount with interest at the rate of 10% from the date of deduction, till the date of judgment.

(2.) THE factual matrix of the case is as below:

(3.) IT may be made clear that in this petition, the petitioner has confined himself only to the amount of recovery of Rs.1,39,428/ deducted from his gratuity amount. Mr.A.S. Supehia, learned advocate for Ms.I.S. Supehia, learned advocate for the petitioner has submitted that, the reason given by respondent No.2 in the impugned order for maintaining recovery made from the petitioner is that, as per Rule 57A of the Bombay Civil Services Rules, 1959 ("the BCSR Rules" for short), in a case where a benefit is given on the basis of false information furnished by the concerned Government employee, departmental action can be taken against him and the resultant amount of overpayment on account of pay and allowances can also be recovered.