CHANDRIKA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRAYER in this writ application is for issuance of a direction in the nature of mandamus commanding upon the respondents to refund to the petitioner Rs. 49,156/ -, which has been deducted from the total amount of earned leave encashment of the petitioner at the time of payment of his retiral benefits, with interest.

(2.) THE facts of the petitioner's case in brief are that he was employed as Cashier/Accountant in the Office of the R.E.O., in Hazaribagh Division and was posted in Dhanbad Sub -division of the Rural Engineering Organization. On his transfer from Dhanbad to Giridih, the Superintending Engineer, R.E.O., Hazaribagh inspected the Office of the Dhanbad Sub -division on 12.09.1994 to 14.09.1994. Almost, six years later, the petitioner was served with a copy of the report of inspection calling upon him to show cause as to why the amount of Rs. 44,182/ -, which the petitioner had received, was not entered into the Account Books and was not deposited in the Government Treasury. The petitioner responded by submitting his reply and explaining the reasons both for not making the entry of the aforesaid amount into the Account Books and also for not depositing the same in the Treasury and the same was accepted by the Respondents. However, the petitioner was directed to deposit a sum of Rs. 11,940/ -, which the petitioner was compelled to make in view of the fact that date of his retirement from service was fast approaching.

(3.) COUNTER affidavit has been filed on behalf of the Respondents. The stand taken by the Respondents is that the petitioner's contention that his statements of Accounts were found satisfactory and were accepted, does not appear to be correct in view of the fact that the petitioner had himself acknowledged that after having spent the aforesaid amount in the Government's work, the outstanding sum of Rs. 11,900/ -remained due in his hands and he was directed therefore, to deposit the same. The further stand is that the aforesaid amount has been deposited by way of interest over the principal amount and the same was entered only in the pass book and the outstanding dues of a sum of Rs. 29.156/ -, was deducted from the bill of leave encashment of the petitioner.