Decided on October 23,2013

Satya Veer Singh Appellant
State of Uttarakhand and others Respondents


Barin Ghosh, C.J. - (1.) Petitioner was a Government employee. A part of his admitted terminal dues have been withheld. Any sum of money, due by a Government employee to the Government, is recoverable. However, before the recovery is made, it is obligatory to adjudicate in accordance with law that a sum of money is in fact due by the employee to the Government. One of the methods of adjudicating this due is by initiating disciplinary proceedings. In the event, it is adjudicated, in course of disciplinary proceedings, that a particular sum of money is due by a Government employee to the Government, then, the disciplinary authority, itself, can pass an order directing recovery thereof in such mode or method as is conducive in law. However, after a Government employee has retired, in a proceeding of the nature akin to disciplinary proceedings, no order can be passed directing recovery. The order that can be passed is for withholding of part or full pension.
(2.) In the circumstances, the conclusion would be that withholding of the part of the dues of the petitioner by the respondents is presently unauthorised. We, accordingly, dispose of this writ petition by directing the respondents to release the same as quickly as possible, but not later than one month from the date of service of a copy of this order upon respondent No. 2. This order will not prevent the disciplinary authority from initiating such proceedings, which the disciplinary authority is entitled to initiate, against the petitioner after his retirement. This order will also not prevent the respondents from initiating such other proceedings in accordance with law for recovery of any lawful dues from the petitioner. In the event, the payment is not made within the time as above, the amount shall carry interest at the rate of 18% per annum.;

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