- (1.) Petitioner, who retired as Chief Medical Officer, Mirzapur on superannuation in the year 2005, has filed this writ application praying for quashing the order dated 07.09.2011 in Annexure 7 directing recovery of 10 % from pension of the petitioner towards loss sustained by the State Exchequer.
(2.) Brief facts of the case are that the petitioner initially joined the Provincial Medical Services on 23rd September, 1970 as Medical Officer in the district hospital at Ghazipur. Thereafter, he was promoted to different posts and was also transferred to different places. His last posting was on the post of Chief Medical Officer at Mirzapur in the year 2002. While continuing in the said post, he retired on superannuation w.e.f. 31st December, 2005. Long after his retirement, in the year 2011, the impugned order was passed directing recovery of 10% from the pension of the petitioner. The above order was issued on the allegation that some persons had been given appointments in class-IV posts on the basis of forged documents and the petitioner during his tenure as Chief Medical Officer, Mirzapur paid salary to them from the State Exchequer. Accordingly, for having paid salary to those employees from the State Exchequer, the State sustained loss, which was sought to be recovered from the pension of the petitioner.
(3.) The petitioner in the writ application has made specific averments that after he joined on the post of Chief Medical Officer at Mirzapur in April, 2002, such illegal appointments came to his notice and he immediately took steps in September, 2002 and wrote a letter to the Deputy Chief Medical Officer, Mirzapur to conduct an enquiry in relation to 4 such employees, who had been appointed against the class-IV posts on the basis of forged documents. He also directed the Deputy Chief Medical Officer III, Mirzapur on 01.10.2002 to lodge F.I.R. against one Shiv Kumar Rai, who had obtained such appointment on production of forged documents. Later on in the same year, he had also taken steps by directing the Deputy Chief Medical Officer to lodge F.I.R against the other 3 employees namely Dilip Kumar, Dharmendra Singh Yadav and Shiv Kumar. He also stopped payment of salary to those 4 persons and due to his efforts, the services of those 4 persons were terminated. It is the further case of the petitioner that though he had taken all the necessary steps to prevent the illegal appointees from continuing in service any further and also to stop payment of their salary from August, 2002, the impugned order directing the recovery has been passed without conducting any enquiry or proceeding. It is also stated by the petitioner that he having retired from service, no recovery could be made from his pension without approval of the Governor.;