UMESHWAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing of memo dated 09.06.2014 issued vide Annexure 2 to the writ application pertaining to recovery of amount of Rs. 44,148/- from the gratuity of the petitioner and for making payment of dues of salary for the period of January, 2013 to May, 2014 and dues of non-practicing allowances (in short "NPA") for the period 26.05.1998 to March 2000 and further prayed for payment of all retiral dues as well as fixation of pay and also revised the pay- scale after providing 2nd A.C.P as well as M.A.C.P to the petitioner.

(2.) Sans details, the facts as disclosed in the writ application is that the petitioner while working as District AYUSH Medical Officer, Deoghar was put under suspension vide notification dated 12.01.2013 on the allegation that while he was posted at Dumka in the year 2009 some irregularity was found i.e (i) misuse of administration & financial power and misappropriation of government money (ii) forgery and (iii) realization of money in the name of higher officer and other grievous charges. It is further alleged that the petitioner took Non-Practicing allowances by misrepresenting the department. It has further been averred that for the alleged charges enquiry was conducted by enquiry officer, who submitted its report on 28.10.2013 but the respondents-authorities did not pass any order till his superannuation i.e. 31.05.2014 and just after his retirement impugned order dated 09.06.2014 was passed for recovery of Rs. 44,148/- from the gratuity of the petitioner, which is stated to be withdrawn by the petitioner against non-practicing allowance.

(3.) Learned counsel for the petitioner submitted that in pursuance to notification dated 26.05.1998 issued by Health, Medical Education, Family Welfare Department, Govt. of Bihar, the Finance Department, Government of Bihar issued memo dated 28.3.2000 and given guidelines for taking non-practicing allowances. It has further been submitted that in compliance to the memo issued by the Finance Department, declaration was given by the petitioner to the authority concerned regarding non-practicing allowances in a private manner vide letter dated 9.05.2000 and that has been duly forwarded to the Secretary, Health, Medical Education, Family Welfare Department, Patna. It has further been submitted a complaint was made vide letter dated 12.02.2005 that the petitioner is violating the declaration of NPA and is doing his private practice, so the amount of NPA is liable to be illegal. Learned counsel for the petitioner submitted that though in the enquiry report dated 21.01.2006, it is clearly stated that the petitioner is not doing private practice and even the Director, AYUSH as well as Under Secretary, Department of Health has given his opinion that the order of recovery of NPA from the gratuity may be cancelled. Learned counsel for the petitioner further submitted that petitioner has filed a representation dated 18.06.2014 before respondent no. 2 for quashing of impugned order of recovery of NPA as well as payment of retiral benefits but till date no action has been taken.