RAMESH CHANDRA PANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present petition has been filed challenging two orders, one is an order dtd. 12/8/2004 passed by the Directorate of Textiles, Orissa ordering that a sum of Rs.14,16,442.40 pursuant to an Award dtd. 1/11/2003 of the Arbitrator, Directorate of Textiles, Orissa is recoverable from the Petitioner and ordering that recovery from his salary under Rules 182 and 183 of the Orissa Treasury Code (OTC) commencing from the month of August 2004 till his retirement.

(2.) The further challenge in the present petition is to an order dtd. 17/4/2006 of the Orissa Administrative Tribunal (OAT), Bhubaneswar in O.A. No. 1028 of 2004 whereby the application filed by the Petitioner challenging the above recovery order was dismissed. The OAT held that the absence of any attachment order by a Court of Law as required under Rule 182 of the OTC was a 'mere technicality' and that sufficient opportunity has already been granted to the Petitioner to pay the amount awarded against him. What weighed with the OAT was that the Petitioner never challenged the award which was passed after he had contested the claim.

(3.) The background facts are that for the period between 23/4/1984 and 1/8/1989, the Petitioner worked on deputation with the Orissa State Handloom Weavers' Co-Operative Society Limited, Bhubaneswar (Society). According to the Petitioner, long after he was repatriated to his parent Department in the Government of Odisha, he was informed that some shortage was detected on the basis of an audit report concerning the Society and the shortage was in the sum of Rs.7,92,046.08, which was liable to be recovered from him.