MOTI RAM Vs. STATE OF U P

JUDGEMENT

(1.) Restored vide order of date passed on C. M. Application No.37080 of 2010.

(2.) Heard Mr.Ashutosh Sahai, holding brief for Mr.Ramesh Pandey, learned Counsel for the petitioner and Mr.H.P. Srivastava, learned Additional Chief Standing Counsel.

(3.) By means of instant writ petition, the petitioner prays for quashing the order dated 2.9.1999, whereby it was directed that a sum of Rs.2,63,882/- shall be recovered from his gratuity, since he retired from service from the post of District Cane Officer on 30.6.1999 and in case the above amount is more than the amount towards the gratuity, it shall be deducted from the pension of the petitioner by way of monthly instalments a total of which shall not be more than 1/3rd of the total pension of petitioner. Further, he prays for a direction to restrain the opposite parties from proceeding any further with the enquiry proceedings, in view of the fact that the petitioner has since retired on 30.6.1999.