GOPAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS relates to the payment of retiral benefit to the petitioner who retired from service as Supply Inspector on 31.7.98. Admittedly, nothing has been paid so far to the petitioner after his retirement from service. It appears that after the retirement of the petitioner a letter was sent to the District Magistrate, Bhagalpur directing the petitioner to refund a sum of Rs.5,78,417.24 paise. From a perusal of the impugned letter it does not appear as to what is the basis of writing this letter with a direction aforesaid as no details of the amount and/or allegation has been made against the petitioner. It is further submitted that neither any departmental proceeding was initiated while he was in service for the alleged misconduct nor the proceeding under section 43(b) of the Pension Rule was initiated against the petitioner even after his retirement." However, it appears that certain articles were found shortage in the year 1974. and accordingly the amount to the extent of shortage is sought to be recovered from the petitioner. Admittedly the amount sought to be recovered has not been ascertained in accordance with law as yet. In this case counter -affidavit has been filed earlier on behalf of the State as well as the respondent Bihar State Food & Civil Supplies Corporation wherein the factual aspect has not been denied in their pleadings. Since the petitioner has retired the aforesaid amount is sought to be recovered from the pensionary benefits legally payable to the petitioner.

(2.) THIS application is allowed to the -extent indicated above.