SHIV KUMAR SHARMA Vs. ALOK SHARMA AND ORS

JUDGEMENT

(1.) Heard counsel for the applicant, learned Standing Counsel and Sri Hasan Abidi for opposite party No. 1.

(2.) The applicant was working as Principal in Rishikul Bramhacharya Sanskrit Mahavidyalaya, Katghar in district Moradabad and on the eve of his retirement on 30.6.1997, he was confronted with a charge sheet alleging financial irregularities and thus, his post retiral benefits were not paid. Since the retiral dues were not paid, the applicant preferred writ petition No. 12490 of 2003 and a Division Bench of this Court vide judgement and order dated 30.3.2006 directed that the retiral benefits including arrears of salary be paid to the applicant within three months, in case the applicant is not entitled for some or any amount, a reasoned order be passed and communicated to him within the aforesaid three months. It was further directed that if the amounts are not paid within three months, it would carry 10% per annum interest.

(3.) The opposite party No. 1 who happens to be the Manager of the institution had also instituted a writ petition before this Court seeking a direction for enquiry against the applicant and on his writ petition a direction was issued in pursuance of which the State Government enquired the financial irregularities against the applicant and vide order dated 23.10.2006 found that the applicant was liable to pay Rs. 1,57,956/-.