SHARMA K P Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard. Petitioners stood guarantors for one Badri Prasad Mishra to secure house loan from respondent-department. Badri Prasad Mishra was removed from service and thereafter his dues have been recovered from the retirement dues of both the petitioners. They challenged the order of recovery before the Central Administrative Tribunal. Tribunal has held that the recovery is not a service matter and dismissed the petition.

(2.) Contention of counsel for petitioners is that the amount of the borrower deposited in the credit of G.P.F. with the respondents be adjusted towards the outstanding loan and remaining amount can be recovered from their dues. It is further contended by counsel for petitioners that without adjudicating entire matter and without any order for recovery as arrears of land revenue, the recovery is bad in law. No recovery can be made from the retirement dues.

(3.) Counsel for respondents submitted that petitioners have submitted an undertaking that his application for voluntary retirement be accepted and if any Government dues are against him, they may be adjusted from the settlement.