BHAGABAN SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner was working as a Senior Branch Manager in -charge of Mancheswar Central Depot of the Orissa State Handloom Weavers' Co -operative Society Ltd. (hereinafter referred to as 'the Society'), which is a Society registered under the Orissa Co -operative Societies Act, 1962 (hereinafter referred to as 'the Act').

(2.) THE case of the Petitioner is that the Society introduced a Voluntary Retirement Scheme (for short, 'VRS') for its employees/The Petitioner applied for the same in the prescribed format on 21.4.2001 and along with his application, he submitted a representation to the Opp. Party No. 4 - Managing Director requesting him for early reconciliation of the stock assigned to him. By the letter dated 13.6.2001 under Annexure -2, the Petitioner was intimated that his application under the VRS has been accepted with effect from 30.6.2001 and he was requested to reconcile all his accounts at the Head Office within a weeks time. The concerned officials were also directed to settle all the personal claims of the Petitioner within the due date. The said office order was subject to the condition that the Petitioner was to hand over all stocks of the Society with him to his successor. By a further Order Dated 20.7.2001 the Managing Director accorded sanction for a sum of Rs. 2,15,680 to be released in favour of the Retitioner under the VRS under different heads. The Petitioner was also intimated by a communication dated 21.7.2001 to hand over all the fabrics of the Society with him to one Sri Lingaraj Sahu, Production Assistant, immediately. The Petitioner claims that he submitted all the stocks kept under him and reconciled the accounts as required under the Scheme. Such process of reconciliation continued till October, 2001 for which the Petitioner could not be formally relieved from his duty till such time. It is further claimed by the Petitioner that even though he performed his duties till the month of October, 2001, he was not paid monthly salary till date. The amount sanctioned in his favour was also not paid to him by the Society. The Petitioner submitted several representations but to no effect. Being aggrieved by the inaction on the part of the Opp. Parties, the Petitioner has approached this Court in the present Writ Petition for appropriate remedy.

(3.) A counter affidavit has been filed on behalf of the Opp. Parties 1, 2, and 4 denying the claim of the Petitioner. It has been stated in the counter affidavit that the application of the Petitioner for availing the benefit under the VRS was accepted vide Annexure -2 dated 13.6.2001 subject to the condition that he will hand over all the stocks of the Society kept under his charge as Senior Branch Manager of Mancheswar Central Depot and in the event he is unable to hand over the stock under his charge, the costs thereof has to be deducted from the VRS dues. The amount payable to the Petitioner under the said Scheme was calculated to be Rs. 2,15, 680 which was subsequently recalculated and finalized at Rs. 2,13,999 and cheques were issued accordingly in favour of the Petitioner by the Government. The Petitioner did not maintain proper accounts for which the process of handing over was delayed and he could not reconcile the stock account properly in time. Under the letter dated 13.6.2001 by which the Petitioner's request for voluntary retirement was accepted, it was stipulated that the Petitioner will be deemed to have been relieved with effect from 30.6.2001. After final reconciliation on 24.12.2002 and taking into consideration the up -to -date amount to which to the Petitioner is entitled to under the VRS and other items, an amount of Rs. 1,07,345.50 was finally found to be due to be recoverable from the Petitioner as per the calculations given in the counter affidavit. On 13/14.8.2000 the Petitioner while was in -charge of Central Depot of Mancheswar, filed an F.I.R. that some stock has been stolen from the Central Go -down. But actually, the quantity of stock alleged to have been stolen was not mentioned in the said F.I.R. The detailed stock taking was done on 15.8.2000 and it was found that there was shortage of stock worth Rs. 2, 59,140.90. The Police in course of investigation found that 15 bundles of clothes, sarees, bed sheets, cut pieces etc. worth Rs. 75,000 were stolen from the Central depot. It is the further case of the Opp. Parties that the Petitioner was also liable to refund certain advances, excess amount of bonus and salary drawn, house building advance and interest on house building advance etc. The net amount refundable by the Petitioner has been recalculated to be Rs. 3,00,441.50. In addition to the above, the Petitioner was liable along with four others to pay an audit recovery of Rs. 51, 494.50 as per the statutory audit for the year 2001 -2002.