VIDYA SAGAR Vs. CENTRAL ADMINISTRATIVE TRIBUNAL AND OTHERS

JUDGEMENT

(1.) Challenge in this Civil Writ Petition is to the order dated 26.8.2003, Annexure P-7, passed by the Central Administrative Tribunal, Chandigarh Bench vide which recovery of Rs. 48,371/- from the death-cum- retirement gratuity of the petitioner has been upheld.

(2.) The petitioner joined at Ganga Nagar as Sectional Officer (Electrical) on 3.11.1997. On retirement, the petitioner was paid all the retiral dues except an amount of Rs. 48,371/- which was deducted from his gratuity on account of shortage in the store stock of Shri Ganga Nagar which was verified in April, 1986. Two show-cause notices dated 4.2.2002 and 21.2.2002 were issued to the petitioner as to why the recovery of Rs. 48,371/- be not made. The petitioner submitted reply. The Divisional Electrical Engineer, respondent No. 4 upheld the recovery of Rs. 48,371/- from the death-cum-retirement gratuity of the petitioner. The petitioner challenged the said order dated 14.11.2002 but vide impugned order dated 26.8.2003, the claim of the petitioner was rejected by the Central Administrative Tribunal.

(3.) Aggrieved by the abovesaid order, the petitioner has filed the present writ petition challenging the same on the ground that no departmental proceedings were initiated against him. It is submitted that the petitioner has placed on record the report of the Store Keeper and in the report, it is mentioned that it is a mere lapse for not posting the stock consumed and on that count, no recovery could be made.