SHISHI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of Civil Writ Petition (T) No. 8678 of 2008 (OA No. 46 of 2002) and Civil Writ Petition (T) Equivalent Citation:2009 -ShimLC -2 -482 No. 12316 of 2008 (OA No. 2742 of 2005) as both petitions are inter connected. O.A. No. 46 of 2002 and O.A. No. 2742 of 2005 were filed in Himachal Pradesh Administrative Tribunal which was later on abolished. On abolition of the erstwhile Tribunal, the cases of the Tribunal were transferred to this Court and on transfer O.A. No. 46 of 2005 and O.A. No. 2742 of 2005 have registered in this Court as Civil Writ Petition (T) No. 8678 of 2008 and Civil Writ Petition (T) No. 12316 of 2008, respectively.

(2.) IN Civil Writ Petition (T) No. 8678 of 2008, the petitioner has prayed for quashing of order dated 15.5.2001 Annexure P -1, Appellate Order dated 10.9.2002 Annexure P -2 and order dated 1.10.2001, Annexure P -7. It has also been prayed that respondents may be directed not to effect any recovery and refund/pay back the recovery already made from the petitioner in pursuance of Annexures P -l, P -2 and P -7. The petitioner has also prayed for quashing of disciplinary proceedings drawn against him by the respondents.

(3.) THE Disciplinary Authority vide order dated 15.5.2001 imposed penalty of recovery of Rs. 3,54,436/ - being the book value of Jeep No. HP -03 -3975. The recovery was ordered to be made from the salary of the petitioner at the rate of 1880/ - per month commencing from the month of May, 2001 payable in June, 2001. It was also ordered that in case the entire amount of loss i.e. Rs. 3,54,436/ - is not recovered during service period of the petitioner, the balance amount will be recoverable/ adjustable under the rules out of the amount payable to the petitioner on account of his retirement on superannuation or otherwise.