SHIV DEV SINGH Vs. STATE OF H P

JUDGEMENT

(1.) IN 1987 the petitioner was working as Drawing Teacher in Government Middle School, May Field, Shimla. Admittedly, during the said period, he had availed Leave Travel Concession (L.T.C.) for Bharat Darshan to the tune of Rs. 2550/-. According to the petitioner, after availing L.T.C., he had duly submitted all the vouchers to the concerned authority in the school in 1987 itself. However, to his utter dismay after lapse of about 18 years vide the impugned notice dated 16.8.2005, Annexure A-1, he was called upon to deposit a sum of Rs. 34,300/- i.e. the principal amount of Rs. 2550/- + penal interest to the tune of Rs. 31,750/- in terms of audit said to have been carried out for the period September, 1987 to October, 1995.

(2.) AGAINST the above backdrop, the petition has been filed on the following prayers vide paras 7 (a) and (b):-

(3.) THE impugned notice dated 16.8.2005, Annexure A-1, has been challenged by the petitioner, who has since retired from Government service about one year back on the grounds, firstly; that the same infringes the principles of natural justice as no notice was issued to him to explain his position before straight way calling upon him to deposit the said sum of Rs. 34,300/- and secondly, that the same also suffers from inordinate delay and latches inasmuch as that the alleged demand has been raised after about 18 years. It is also submitted by the learned counsel for the petitioner that the petitioner had submitted the requisite vouchers to the concerned authority soon after undertaking the L.T.C. tour and now, it is well nigh impossible for him to even obtain duplicate copies of such bills and to produce the same before the concerned authority. Another aspect of the matter, which cannot be lightly over-looked is that not even a copy of the alleged audit para has been brought on record by the respondents.