M.PADMANABHAN Vs. THE SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The prayer in the writ petition is for a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in Na.Ka.No.M3/17166/2009 dated 18.06.2010, on the file of the 1st Respondent and to quash the same and further directing the Respondents to pay the Petitioner's General Provident Fund Amount.

(2.) The short facts of the case of the petitioner are that the petitioner entered into service as Police Constable in the year 1972, thereafter, he was promoted as Head Constable in the year 1982, thereafter, he was further promoted as Sub-Inspector and when he attained the age of superannuation, retired from service on 30.11.2008.

(3.) According to the petitioner, his total service is unblemished and he was permitted to retire from his service peacefully. However, by order dated 02.03.2010, the first respondent had directed the petitioner to pay a sum of Rs.1,76,224/- on or before 15.03.2010, as the said amount was excessively paid to the petitioner. In response to the same, the petitioner sent a request dated 08.03.2010, stating that there was no due from the petitioner to the Government and the same has been certified by the first respondent by his proceedings dated 31.12.2008 and that being so, the present order requiring the petitioner to pay back such a huge amount is improbable and the same was requested to be dropped. However, the first respondent without considering the said request has passed the impugned order dated 18.06.2010, whereby reiterating his earlier stand had directed the petitioner to pay the said sum of Rs.1,76,224/-, immediately without any delay to the department. Challenging the same, the petitioner has come up with the present Writ Petition.