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| HC quashes order passed by JAKFED for recovery | | |
EARLY TIMES REPORT
JAMMU, Apr 15: Justice JP Singh of J&K High Court Jammu Wing in a petition seeking quashment of order whereby the JAKFED directed to recover 25 percent salary of the petitioner against outstanding regarding shortage in the store during 1977 to 1983 to the tune of Rs more than 20, 98, 000 and also refusing to consideration of promotion, has allowed the petition and quashed the order of recovery and also refused the promotion.
The court has also directed that respondents shall consider the case of promotion to next higher posts on the basis of recommendations of the institutional promotion committee in accordance with the rules and also directed respondent to refund the amount illegally recovered from the petitioner's salary on the basis of order dated March 25, 2006.
There is has been a long drawn litigation between the parties over the shortage in the store in the charge of the petitioner and his liability to pay for it during the pendency of the litigation, the JAKFED issued orders directed adjustment of petitioner's 25 percent salary towards his outstanding refusing him promotion to the next post and keeping the recommendations of Institutional Promotional Committee.
Justice JP Singh after hearing Adv Amrish Kapoor appearing for the petitioner and Adv BS Salathia appearing for the JAKFED and gone through the case of the petitioner and the objections filed by the respondent society. Adv BS Salathia appearing for the JAKFED on instructions submitted that no regular enquiry has yet been held by the JAKFED against the petitioner for finding out as to whether or not any amount was recoverable from him on account of shortage in stores, JAKFED's order on March 25, 2006 so far as it directed recovery from 25 percent salary of the petitioner, may not be justified. The counsel further submitted that as no case was pending against the petitioner in the Anticorruption Court and not there was any order by the competent authority of the JAKFED to effect recovery against the petitioner on account of shortage in stores, pursuant to any enquiry. Court in view of the statement made by the counsel for the JAKFED nothing remains to be adjusted upon in the writ petition as the society has offered to consider the petitioner's case for promotion and refrain from effecting recovery on account of shortage from his salary. Respondent's act of recovering amount from the salary of the petitioners on account of shortages to make not be justified until an enquiry into the shortages was held by the respondents and allowed the petitions quashing the orders of the JAKFED with the direction to refund the amount illegally recovered from the petitioner's salary and consider the case for promotion.
In the petition it has been submitted that petitioner was made Incharge Storekeeper of JAKFED Store Railway in the year 1983, at that time no physical taken over and handing over between the petitioner and other.
It was alleged that during 1977-1978 to 1983 there was shortage in the store to the tune of Rs 8, 49, 506 which was enhanced by the order of General Manager to the tune of Rs 20, 98, 435 and ordered recovery of the amount from his salary and stooped his promotion. The petitioner filed the present writ challenging both the orders which were quashed by the High Court. ----(JNF)
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