AKHIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for petitioner, learned counsel appearing for Siwan Nagarpalika Parishad and learned counsel for the State.

(2.) PETITIONER has challenged Annexure dated 18.1.2002. By this order the special officer has directed for recovery of Rs. 1000/per month from the salary of petitioner which had to add up to Rs. 33,397/ i.e. the total amount for recovery. There is yet another person, namely, Babar Ali and Rs. 3,507/ - has been ordered to be recovered from him. The basic background leading to passing of the present order is that one Smt. Laxhaminia Devi who was working under the respondents as sweeperess was supposed to superannuate from service on 31.7.2000 which is as per the service record of said Laxhaminia Devi. Petitioner states that as per the roster register prepared in the year, 1984 the said Laxhaminia Devi was to superannuate in the year, 2010 but that is not the issue as such. On the basis of entry in the service book the said Laxhaminia Devi ought to have retired from service on 31.7.2000 but she continued to work till 27.8.2001. When this fact was discovered the respondents treated it to be a case of negligence on the part of petitioner who was a dealing assistant and incharge of the establishment. The respondents in their wisdom therefore decided to recover from the petitioner in proportion to the salary which was paid to Laxhaminia Devi beyond her age of superannuation and in this background Annexure -1 came to be passed.

(3.) PETITIONER 'scase is that he was given charge of the establishment as es tablishment clerk on 9.9.2000. When he took charge the previous incumbent had already drawn up the establishment expenses for the year, 2000 -01 and in that the name of said Laxhaminia Devi figured. When the petitioner started preparing the establishment expenses for the year2001 -02 he discovered the fact that said Laxhaminia Devi ought to have retired on 31.7.2000 and quickly pointed out the same to the competent authority. It was in this background that Laxhaminia Devi was made to retire on 27.8.2001.