ABHINAVA UPADHYA, J. - (1.) HEARD counsel for the parties.
(2.) PETITIONERS No.1 and 2 are husband and wife respectively. The petitioner No.1 is said to be enlarged on bail in respect to a case crime No.272 of 2004 pursuant to a F.I.R. dated 3.7.2004 filed in Police Station Civil Lines, Aligarh under sections 409, 419, 420, 467, 468 and 471 IPC on the allegation of embezzlement to the tune of Rs.32,35,000/ - from the Time Deposit Account of the Post Office where he was employed and working as Sub Post Master.
(3.) BY means of this writ petition, the petitioner has challenged the recovery of Rs.32,35,000/ - vide recovery certificate dated 15.6.2006 said to have been issued under section 4 of the Public Accountants Default Act, 1850 ( in short, the PAD Act). Brief facts giving rise to the present writ petition are that the petitioner no.1 was employed as Sub Post Master Ram Ghat Road, Post Office Aligarh from 29.7.2000 to 13.4.2004. The allegation is that during this period while working as Sub Post Master at Ram Ghat and Sub Post Master Dodhpur during the period 19.6.2003 to 16.4.2004, the petitioner No.1 committed fraud from TD/SB Accounts at Ram Ghat and Dodhpur while opening fake accounts giving account number which already stood opened in the Post Office in the name of persons other than shown in the fake account. It is alleged that the petitioner no.1 received money from the depositors and prepared pass book in usual manner, signed and impressed with date, stamp and handed over to the depositors but he did not account for the amount received into the Post Office record. Vide Annexure -2 to the counter affidavit, a list of account numbers has been given. It is alleged that a total sum of Rs.32,35,000/ - has been embezzled by the petitioner no.1 from the accounts of hapless depositors causing a loss to the Government of the aforesaid amount.;