SHUSHILA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner submitted that the present petition has been preferred mainly against an order passed by respondent No.2 dated 27th May, 2002, at Annexure - 3 to the memo of petition, whereby, a sizable amount of Rs.97,204/ - has been ordered to be deducted from the Death -cum -Retirement benefit of the husband of the present petitioner. This order has been passed ex parte, unilaterally and without giving any opportunity of being heard to the petitioner and, therefore, the same deserves to be quashed and set aside. Had an opportunity been given to the petitioner, it would have been pointed out that no such amount can be deducted, and the payment would have been made by the State of Jharkhand, in accordance with law. It is also submitted by the counsel for the petitioner that a report given by the office of the Accountant General is never permitting the respondent to bye -pass the procedure as established by the law, and the principles of natural justice should have been complied with, despite the recommendation, made by the Accountant General's office, and therefore, the impugned order passed by the respondent No.2 dated 27.5.2002, at Annexure -3 to the memo of petition, may be quashed and set aside and the amount already deducted may be returned to the petitioner with interest.

(2.) I have heard the learned counsel appearing on behalf of the respondent -State who has submitted that nobody should be allowed to retain the benefit of its own wrong. On the basis of the report/ letter given by or issued by the Accountant General's office, a decision has been taken by respondent no.2 dated 27.5.2002, at Annexure -3, for deduction of an amount of Rs. 97,204/ -. A detailed speaking order has been passed by respondent no.2, with all calculations etc. and, therefore, there is no substance in this petition, and the same deserves to be dismissed.

(3.) I have heard the learned counsels, appearing on behalf of both the sides, and looking to the facts and circumstances of the case, I, hereby, quash and set aside the order passed by Respondent No.2 dated 27.5.2002, at Annexure -3, for the following facts and reasons :