GYANESHWAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The Dy. Director, Rajasthan Oriental Research Institute, Jodhpur by an order dt. 06.10.1997 instructed for effecting recovery from pay of the petitioner in a tune of Rs. 30,720.00 in monthly installments of Rs. 1500.00. By this petition for writ, a challenge is given to the order aforesaid.

(2.) As per the averments contained in petition for writ, recovery from pay of a Government servant is a penalty prescribed under Rule 14 of the Rajasthan Civil Service Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the Rule of 1958). No such recovery is permissible without adhering procedure prescribed under Rule 17 of the Rule of 1958, but by the order impugned dt. 06.10.1997 respondents ordered for making recovery without following the procedure prescribed.

(3.) Per contra, stand of the respondents is that by the under impugned, recovery from pay is ordered to be made as per provisions of General Financial and Account Rules for causing loss to the institute and that too after affording an opportunity of hearing to the delinquent employee.