LAWS(HPH)-2012-1-195

SUBHASH CHAND SHARMA S/O SH. SWAMI RAM SHARMA VPO RAJPUR, TEHSIL PALAMPUR, DISTT. KANGRA, H.P. Vs. THE STATE OF H. P. THROUGH ITS PRINCIPAL SECRETARY (AGRICULTURE) TO THE GOVT. OF H.P. SHIMLA,

Decided On January 13, 2012
Subhash Chand Sharma S/O Sh. Swami Ram Sharma Vpo Rajpur, Tehsil Palampur, Distt. Kangra, H.P. Appellant
V/S
The State Of H. P. Through Its Principal Secretary (Agriculture) To The Govt. Of H.P. Shimla, Respondents

JUDGEMENT

(1.) IT is not in dispute that a sum of Rs. 93,000/ - stands recovered from the petitioner by the respondents. According to the respondents petitioner was entrusted with certain amounts for execution of public work. He embezzled the same and as such recoveries were affected. Now this fact is seriously disputed by petitioner. It is contended that the respondents affected recovery from him under coercion. In fact his benefits were delayed and stopped by them without any justifiable and unexplained reasons. These amounts were recovered by the respondents themselves from his retiral benefits.

(2.) UNDISPUTEDLY before the amount was recovered by the respondents, no inquiry was got conducted in which petitioner was ever associated. He was also not issued any show cause notice.