S N CHOUBEY Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) In this writ application the petitioner has prayed for quashing the orders dated 26-10-1999, 11-1-2000 and 15-11-2000 issued by the respondents, the Chief Personnel Manager and Deputy Personal Manager, whereby the petitioner has been directed to deposit a sum of Rs.1,07,398/- by way of penal interest and further for a declaration that the respondents have no authority to deduct the aforesaid amount from the salary of the petitioner.

(2.) The fact of the case lies in a narrow compass.

(3.) The petitioner, while working as Deputy Personnel Manager under the respondent-CCL at Barkakana Colliery, applied for loan for purchase of a car which was sanctioned by the respondents, vide letter dated 1-9-1992 and the loan was disbursed on 15-10-1992. The petitioner purchased a vehicle on 9-11-1992 after adding the remaining amount and took delivery of the vehicle from M/s Narbheram and Company Ltd. The petitioner entered into an agreement with the respondent-CCL on 11-9-1992. Petitioner's further case is that he then applied for conveyance allowance and the respondents by letter dated 10-12-1992 sanctioned Rs.600/- per month as conveyance allowance. The respondent-CCL then started deducting the loan amount from the salary of the petitioner @Rs.1000/- per month. However, the petitioner received letter from General Manager (P and A) CCL dated 28-6-1993 making allegation that the petitioner had temporarily embezzled the company's money as there was no record available to show that he had purchased the vehicle. The petitioner was served with another letter dated 26-10-1999 by the Deputy Personnel Manager (GA), CCL asking the petitioner to deposit a sum of Rs. 1,07,398/-. The petitioner, thereafter, made several representations requesting the respondents to calculate interest, if any,payable by the petitioner so that the petitioner could pay the same but the representation of the Petitioner was not accepted.