K KAMALANABHAN Vs. DIRECTOR OF AGRICULTURE

JUDGEMENT

(1.) THIS Writ Petition has been filed under Article 226 of Constitution of India to issue a writ of certiorarified mandamus, calling for the records relating to the Proceedings No.Se.Mu.Order No.A/370/99, dated 21.12.2006 passed by the Assistant Director of Agriculture, Sriperumbudur, the third respondent herein in ordering recovery of a sum to the tune of Rs.55,957/- and the consequential pension proposal sent by the Joint Director of Agriculture, Kancheepuram in Lr.No.A2/17191/04, dated 11.07.07, so far as the portion of recovery is concerned in directing the fourth respondent to recover a sum of Rs.1,60,056/- and quash the same and forbear the respondents from recovering the said sum from the petitioner.

(2.) THE petitioner is a retired Assistant in the Agriculture Department. THE third respondent, by his Proceedings, dated 21.12.2006, passed an order to recover a sum of Rs.55.957/-. Subsequently, the Joint Director of Agriculture (i/c) Kancheepuram, sent a letter, dated 11.07.2007 in Lr.No.A2/17191/04 to the Accountant General (A&E), the fourth respondent herein, stating that the writ petitioner, K.Kamalanabhan, formerly Assistant (Selection Grade) had made loss to the Government to the tune of Rs.1,60,056/- and the entire amount be ordered to be adjusted from the DCRG payable to the petitioner and the balance left out may be ordered to be recovered from the arrears of pension, payable monthly pensions and also from the lumpsum amount of commutation payable to the petitioner.

(3.) LEARNED counsel appearing for the petitioner drew the attention of this Court to the order passed by the second respondent in his Proc.No.AA1/23225/91, dated 18.04.2005, which reads as follows :