KRISHNA VERMA Vs. GOVERNMENT OF M P

JUDGEMENT

(1.) THE original petitioner late Ishwari Prasad Verma retired on 31.10.1993 from the post of Accountant/Head Clerk, Government College of Education, Jabalpur. He preferred the Original Application before the M.P. Administrative Tribunal (in short 'the Tribunal') assailing withholding of certain amount from his retiral dues on the ground that there was some pecuniary loss caused to the respondents because of the action of the petitioner. It is not disputed that the deceased Ishwari P. Verma retired on 31.10.1993. It is also not disputed that the said Iswari Prasad expired on 19.3.1999 and his legal heir were permitted to persue this litigation.

(2.) MR . Shrivastava has raised a singular contention that no proceeding was initiated against the petitioner under M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 though such an enquiry is necessary for the purpose of passing of an order of recovery. Ms. Anjali Banerjee, learned counsel for the State has submitted that though there has been no inquiry under the aforesaid Rules yet a committee was constituted under the chairmanship of Professor Siddhiqui and the said committee found the petitioner guilty.

(3.) HAVING heard the learned counsel for the parties, without getting into the aforesaid controversy, I am inclined to hold that rest of the amount, excluding the amount originally admitted by the petitioner, be paid to the legal representatives of the petitioner within a period of three months from the date of receipt of the order passed today.