THIYAM RANJIT SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The writ petition has been filed by the petitioner seeking to quash the impugned letter/instruction No.25/Estt/TED/09-10/316, dated 25.03.2014 issued by respondent No.2 and to direct respondent No.3 to allow withdrawal of the pension amount of the petitioner as per his choice and further to release immediately the total pension amount, which has been put on hold, to the petitioner.

(2.) The case of the petitioner is as follows: The petitioner was serving as SO Grade-I(R) in the Department of Electricity and the retired on attaining the age of superannuation, while serving in the said post under Executive Engineer, Tamenglong Division on 28.02.2010. The Senior Deputy Accountant General (A&E), Manipur issued pension payment order in favour of the petitioner with effect from 01.03.2010 and, accordingly, the petitioner was drawing an amount of Rs.17,862/- per month as on March, 2014.

(3.) Respondent No.1 filed affidavit-in-opposition stating that the Executive Engineer (Tamenglong), Electricity Department, Manipur, wrote the impugned letter to respondent No.3 for stoppage of payment of the petitioner's pension till dues are cleared as the petitioner has misappropriated a sum of Rs.4,59,052/- from the Revenue collected during his tenure as Assistant Engineer (Electricity), Tamenglong Division. It was communicated to the petitioner time and again to clear the dues, but the petitioner has failed to do so. It is stated in the affidavit-in-opposition that at the time of retirement, the petitioner signed a consent certificate for recovery of any Government outstanding dues which happened due to him on account of pay, arrears and allowances etc. if so the excess amount may be adjusted/recovered from his retirement benefit like pension/gratuity/fraction of commutation to the pension etc. Stating so, respondent No.1 prayed for dismissal of the writ petition.