URMILA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred mainly against an order passed by respondent no. 4 dated 24th of November, 2001 (Annexure -5 to the memo of the present petition) whereby sizeable amount to the tune of Rs. 1,77,926/ - is ordered to be deducted or is ordered to be recovered from the petitioner. Against this order, the present petition has been preferred mainly on the ground that the whole impugned order has been passed upon some report given by the department otherwise, no evidence has been levelled against the present petitioner. In view of the charges levelled against the present petitioner, the petitioner has denied the charges and department has put all assertions upon the charges and only on the basis of the report, the whole order has been passed. There is no evidence before the said officer i.e. before respondent no. 4, nor the copy of the report relied upon by the respondent no. 4 while passing the impugned order, was ever supplied to the petitioner. It is also submitted by the counsel for the petitioner that retirement benefits have also not been paid to the petitioner and therefore, by quashing the impugned order at Annexure -5 dated 24th of November, 2001 passed by respondent no. 4, a direction may be given to the respondents to make the payment of legally payable amount towards retirement benefits, within stipulated time.

(2.) I have heard counsel for the respondent nos. 1, 2, 3, 4 and 6, who has submitted that the petitioner was given chargesheet and thereafter, the inspection of all the documents were given. The petitioner has also filed reply of the show cause notice and on the basis of the reply and the submissions of the department, an order has been passed by respondent no. 4 dated 24th of November, 2001 whereby the petitioner is directed to deposit the amount through bank draft to the tune of Rs. 1,77,926/ - in the office of respondent no. 4. Charge no. 1 is proved, charge no. 2 is partly proved and charge no. 3 is also partly proved. The charges levelled against the present petitioner are at Annexure -3 to the memo of the petition. It is also submitted by the counsel for the respondents that certificate case is going on against the present petitioner and therefore, upon getting decision of the certificate case exact amount can be ascertained, which is payable to the petitioner.

(3.) HAVING heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that: -