BHOLA NATH DWIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 06.02.2020 passed in Writ Petition No.16028/2006.

(2.) Relevant facts briefly are that the petitioner while posted as Forestor, Forest Range Depot, Sirmour, Forest Division Rewa was visited with a penalty of recovery of Rs.9,02,122/- vide order dated 05.04.2001 in respect of loss of Timber, Bamboo and Fire Wood during time of his posting at the extension depot Sirmour. The said order was in consonance with Rule 10 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 (for short "Rules of 1966"). The said amount was directed to be recovered @ Rs.1500/- per month. The petitioner led the same to attain finality. The amount of recovery was effected from his salary. The petitioner on attaining the age of superannuation retired from service with effect from 30.06.2005.

(3.) Since the entire amount of loss was not recovered from the petitioner and State being entitled to recover the same under Rule 65 of the Madhya Pradesh Civil Services (Pension) Rules, 1976 (for short "Rules of 1976") led State to issue letter dated 04.05.2006 addressed to Tehsildar Sirmour and Teothar District Rewa calling upon them to seek details of movable and immovable property of the petitioner to effect the recovery of Rs.8,31,622/- which was remaining to be recovered from the petitioner. The petitioner was also subjected to a notice dated 16.02.2006 by District Forest Produce Cooperative Society Ltd., Rewa as to why recovery of Rs.68,374/- be not effected from him.