C R CHANDROL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 and 227 of the Constitution of India for quashing order dated 6-9-2003 (Annexure P-1) by which the petitioner has been directed to deposit an amount of Rs. 79,299/- so that arrears of his pension may be released.

(2.) IT is not in dispute that the petitioner was working as Assistant Soil Conservation Officer at Mandla. He has retired on 31-5-1996 on attaining the age of superannuation. By the impugned order dated 6-9-2003 (Annexure P-1) he has been directed to deposit an amount of Rs. 79,299/so that the arrears of pension be paid to him. In this letter it is not disclosed what is the basis for claiming this amount from the petitioner and how this figure has been worked out. It is not disputed that for recovery of this amount no departmental enquiry was initiated against the petitioner during his employment or after retirement. There is a departmental enquiry but that is in respect of some other charges which has nothing to do with the alleged recovery of Rs. 79,299/ -.

(3.) THE petitioner's case is that as per rules after expiry of nearly 7 years no recovery can be made from his pension and no departmental enquiry can be held for fixing the liability or for quantifying the amount at this stage.