P K INDIRA KURUP Vs. STATE OF BIHAR

JUDGEMENT

(1.) One M.P.K. Kurup (now deceased) filed this writ petition challenging the Government decision as intimated to the Accountant General, Bihar by letter, dated 17.10.1996 (Annexure 1) from the Deputy Secretary to the Government in the Department of Primary and Adult Education. In this fetter, it was stated that the Government had taken the decision to permanently reduce Kurup's pension by 10%; that he was held responsible for causing losses to the Government amounting to Rs. 4,34,012/- and the money was liable to be recovered from the gratuity payable to him. it was further stated in the letter that in case his gratuity was insufficient for full adjustment of the recoverable amount, intimation should be given immediately so that the balance dues may be realised by proceeding against him under the Public Demands Recovery Act.

(2.) The writ petition was initially dismissed by a learned Judge of this Court by order, dated 30.10.1998. In that order it was held that the petitioner was not entitled to any relief prayed for in the writ petition; nevertheless, it was left open to him "to challenge the order passed by the respondent authority inflicting punishment in the proceeding initiated against him."

(3.) Against that order M.P.K. Kurup filed an appeal being LPA No. 1349 of 1998. In the appeal it was pointed out that the writ petition was filed precisely for the purpose of challenging the order of punishment and to have it set aside by the High Court. The appeal was allowed by a bench of this Court on 3.11.2003. The order, dated 30.10.1998 passed by the learned single Judge was set aside and the case was remitted for consideration and disposal in accordance with law.