KHIALI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant herein claims the following reliefs: - i) That the respondents be directed to pay retirement benefits; viz, DCRG, Leave Encashment etc, to the applicant, ii) That the orders/ notice dated 31.3.1995 (P -1), 22 -11 -1995 (P -3), 30 - 12 -1995 (P -6), 20 -12 -1996 (P -7) and 16.3.1996 (P -8) may be quashed; iii) That as the applicant has been forced to come to this Tribunal due to the illegal action of the respondents in not releasing DCRG and Leave Encashment to the applicant within time, therefore, the respondents be directed to pay 18% interest on the amount of DCRG and Leave Encashment with effect from 31.12.1995.

(2.) The case, of the applicant as made out in the original application is that while posited at Pooh in Cholang Beat in Mating Range (Changchino Area) District Kinnaur he was served with an office order Annexure A -1 dated 31.3.1995 to deposit a sum of Rs.43423/ - without holding an inquiry and affording opportunity of being heard. The applicant instead of depositing the amount opposed the recoveries vide Annexure P -2. Annexure P -2 was rejected and various communications were issued to the applicant to deposit the amount in question. The applicant retired on] 31.12.1995 but he was not paid his DCRG and Leave Encashment despite representations. On the contrary vide Annexure P -8 he was called upon to deposit the amount in question failing which the recovery was to be effected from his DCRG and leave encashment. Various representations made by the applicant did not yield any result and his DCRG and leave encashment continues to be withheld, hence this original application.

(3.) The respondents filed reply wherein it is admitted that the applicant had retired on 31.12.1995 and he was called upon to deposit the aforesaid amount which he has not paid and his DCRG and leave encashment has not been released/paid to him. The defence of the respondents as averred in reply is that the Chang Chimo are was inspected by the chairman, Desert Development, Project -cum -Deputy, Commissioner, Kinnaur and Assistant Project Officer, Desert Development Project, Pooh jointly on 17.9.1992 in the presence of the concerned officials and it was found that no plant was surviving out of 37500 plants which were shown to have been planted in the pits and patches as per the record. It was found that this happened because of the negligency of the concerned Forest Ranger, Block Officer and Incharge beat. In the meeting of the governing body of the Desert Development Project Pooh held on 26.7.1993 the Chairman of the Project i.e. the Deputy Commissioner, Kinnaur decide vide Annexure R -1 that the entire expenditure of Rs.1,30,270/ - should be recovered from the erring officers/officials. During the course of the audit of the office of D.F.O. Pooh, the Audit party also found that the aforesaid loss had been caused. Against this background the impugned order was issued directing the applicant to deposit the amount which was followed by various subsequent communications asking the applicant to deposit the amount of loss caused to the state exchequer because of the negligence of the various officials including the applicant. It is, however, not the case of the applicant that any show cause notice or any opportunity of being heard was ever afforded to the applicant.