HANSHA DAYALU Vs. ORISSA FOREST DEVELOPMENT

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has prayed for quashing of the order of the Divisional Manager, Orissa Forest Development Corporation Limited, Nowrangpur (C) Division passed on 6.1.1995, Annexure -3 to the writ petition, directing recovery of Rs. 36,541.24 and Rs. 6863/ -from the dues of the petitioner and for a direction to the opposite parties to pay the dues of the petitioner including gratuity of Rs. 37,506.70 and duty pay and other dues within a specified period.

(2.) THE brief facts of the case are that the petitioner who belongs to Tribal community of Koraput district joined as a mate in the Corporation on 6.4.1964. Thereafter he was transferred to so many places but his last place of posting was Nowrangpur Division wherefrom he retired with effect from 31.12.1993 while working as Sectional Supervisor. But his dues as claimed by him were not paid to him. He moved representation but in vain.

(3.) LEARNED counsel for the petitioner submitted that it was not permissible for the Corporation to deduct the amount towards shortage of firewood from the post -retirement benefits of the petitioner without conducting enquiry as to whether the petitioner is responsible for the shortage. He further submitted that no disciplinary proceeding was conducted against the petitioner for the above purpose. Learned counsel for the Corporation on the other hand submitted that the authority has the right to recover the dues from the gratuity without consent of the employee.