S N SAXENA Vs. STATE OF MP

JUDGEMENT

(1.) IN this writ petition filed under Article 227 of the Constitution of India, the petitioner has called in question the sustainability of the order dated 2-6-97 passed in Original Application No. 162/2001 by the Madhya Pradesh State administrative Tribunal (for short "the Tribunal") whereby his prayer for relief against the order of recovery of Rs. 59,154/- from him, allegedly without conducting a proper enquiry, has been dismissed on the ground of delay and further the challenge was not made within the time limit prescribed under article 21 of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act' ).

(2.) THE petitioner was superannuated from the post of Forest ranger on 31-3-95. His grievance before the Tribunal was that despite his retirement from service he had not been paid his retirement dues and further that the recovery amounting to Rs. 59,154/- had been ordered from him without conducting a proper enquiry. He, therefore, prayed that suitable directions be given to the respondents for the payment of his retirement dues and also to quash the recovery order. The respondents entered appearance before the Tribunal and filed a return.

(3.) THE Tribunal saw to it that the respondents immediately release the retirement dues in favour of petitioner but also awarded interest on the delayed payment of the same. In so far as the relief of the petitioner for quashing of the recovery order is concerned, the Tribunal instead of deciding the same on merit, rejected it on the ground that the challenge of the recovery order was not made before the Tribunal within the time limit prescribed under section 21 of the Act. The Tribunal also held that the petitioner, instead of filing a proper appeal, filed only an interim appeal before the competent authority against the order of recovery and as such interference by the Tribunal was not called for. Not only this, the Tribunal further directed that the recovery shall be made from the gratuity amount payable to the petitioner and also from the interest payable to him in terms of the directions given by it.