STATE OF MAHARASHTRA AND ORS. Vs. RAMESH

JUDGEMENT

(1.) The judgment and order dated 1st August 2007, passed by the Maharashtra Administrative Tribunal, Nagpur Bench, Nagpur, allowing Original Application No.369/2006 is challenged in this writ petition by the State of Maharashtra and two of its officers. The original application was at the instance of the sole respondent in this writ petition, a retired Government servant.

(2.) On the allegation that the respondent had embezzled Rs.1,24,559.50, prosecution was launched against him. He was also placed under suspension. However, the criminal court acquitted the respondent and held him 'not guilty'. The period spent under suspension was regularised and the respondent was paid the benefits which had accrued in his favour. In due course of time, the respondent retired from service on 31st August, 2005 on attaining the age of superannuation. His retiral dues were released withholding a sum of Rs.1,48,203. Till such time the respondent was in service, no departmental proceeding was initiated against him for recovery of the alleged loss caused by him to the Government. Even after retirement, no departmental proceeding was drawn up; instead, a Committee was formed which was directed to conduct an enquiry into the act of embezzlement causing loss to the Government. Withholding of a part of his retiral dues prompted the respondent to move the original application before the Tribunal. Upon hearing advocates for the parties, the Tribunal proceeded to allow the original application by directing the respondents therein (the petitioners here) to pay to the original applicant Rs.1,48, 203 at the earliest and, in any case, within a period of one month from the date of the order together with interest @ 8.5 % compound rate, admissible to him, as per the existing rules in the manner as indicated.

(3.) We have heard Mr. I.J.Damle, learned Assistant Government Pleader for the petitioners.