MEHUVE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Neikokanuo, learned counsel, appearing for the petitioner. Also heard Ms. Y. Longkumer, learned Addl. Sr. Govt. Advocate, appearing for the respondent Nos. 1, 2, 3 & 5, Mr. T. B. Jamir, learned counsel for the respondent No. 4 and Mr. N. Mozhui, learned counsel for the respondent No. 6.

(2.) The petitioner, who was serving as Hindi Teacher at the Govt. High School Porba, Phek under DIS Pfutsero, retired on superannuation on 31.05.2005. After his retirement, the petitioner applied for his pensionary benefits including release of his GPF amount, but he was shocked to find that his GPF money amounting to Rs. 1.27,734/- was fraudulently withdrawn by somebody from the account of the petitioner with the Nagaland State Co-operative Bank Ltd., Dimapur, Nagaland. The petitioner, having coming to know about the said fraudulent withdrawal of his GPF money, submitted a complaint, on 27.11.2006, followed represen-tation before the authority concerned, but to no avail.

(3.) The State-respondents, by filing affidavit-in-opposition, stated that, coming to know about the fraudulent withdrawal of the GPF money from the account of the petitioner, the Government directed an enquiry into the allegations of fraudulent drawal of GPF money from the account of the petitioner, and the Enquiry Officer, submitted his report, on 12.12.2008, wherein, it was stated that the petitioner did not withdraw his final GPF and that he may be allowed to withdraw the same. Paragraph 4 of the affidavit-in-opposition, filed by the State-respondents, reads as follows: