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| HC quashes der for recovery of 11 lacs from retired employee | | | EARLY TIMES REPORT
Jammu, July-23 (JNF):- Justice Mansoor Ahmed Mir in a petition filed by one Chaman Lal Ganjoo against the show-cause notice issued by respondents whereby ordered to recover Rs 10, 96, 387/- as excess pay and allowances drawn by the petitioner, has quashed the show cause notice issued on January 23, 2006.
The petitioner who was appointed as Junior Assistant in the Jammu & Kashmir Revenue Dept in the year 1973, he appeared in combined service examination as a Departmental Candidate and made the grade and was appointed as Accounts Officer in J&K Finance Dept on January 23, 1973. In the year 2004 respondents have issued Govt order dated April 6, 2004 whereby it was ordered that petitioner shall be deemed to have retired from service with effect from May 31, 1998, taking his dated of birth as May 16, 1940. The petitioner challenged this order by filling a petition in the State High Court regarding his date of birth as recorded in the matriculation certificate and service record is May 16, 1948. During the pendency of said writ petition, petitioner otherwise reached the age of Superannuation by taking his date of birth as May 16, 1948. The respondents without providing him opportunity of being hearing, police action was also drawn against petitioner u/s 420/447/448 RPC and final report was presented. The First Additional Sessions Judge Jammu on July 27, 2007 dismissed the challan and acquitted the petitioner.
The court after hearingthe parties observed that petitioner was allowed to work while taking his date of birth as May 16, 1948 and paid salary. Thereafter order dated April 6, 2004 came to be issued provided that he would be deemed to have retired with effect from May 31, 1998. There is nothing on the file which can be made basis for holding that the petitioner has contributed in any way to allow him to continue. No doubt a case was registered against him but he stands acquitted. This in the given circumstances, the recovery cannot be effected and referred various judgment of the Supreme Court and allowed the petition and impugned show cause notice January 23, 2006 issued by the respondent is quashed. JNF
JNF/JULY/23/2011/1
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