- (1.) Heard learned counsel for the petitioner as well as learned counsel for the opposite parties. This writ petition has been filed with the following prayer: (a) Issue any writ order or direction in the nature of certiorari for quashing of the impugned orders dated 14.10.2013, 12.7.2013 and 18.5.2012 contained as Annexure 1, 2 & 6 to the petition. (b) Issue any writ order or direction in the nature of mandamus commanding the opposite parties not to make recovery against the petitioner in pursuance of the order dated 14.10.2013, 12.7.2013 and 18.5.2012 contained as Annexure 1, 2 & 6 to the petition. (c) Issue any writ order or direction in the nature of mandamus commanding the opposite parties to make the payment of Leave encashment and Security amount to the petitioner along-with interest @ 12% per-annum from the date it became due till the date of actual payment. (d) Issue such other order or direction which this Hon'ble Court may deem just and proper of the case. (e) Allow the writ petition with cost.
(2.) After filing of the writ petition, a counter-affidavit has been filed. The petitioner has also filed rejoinder-affidavit. In the counter-affidavit, it has been stated that some proceedings have been initiated against the petitioner for a loss of Rs. 2,48,261.44/-.
(3.) Earlier the petitioner has filed a writ petition No. 755(S/B) of 2011 before this Court for payment of retiral dues and the said writ petition was disposed of vide order dated 27.4.2011 directing the respondents to conclude the disciplinary proceedings within period of four months and a further direction was given that in case the disciplinary proceedings are not completed within said period the respondents shall pay the entire post retiral dues provisionally of the petitioner. Thereafter, petitioner again filed writ petition No. 1919 (S/B) of 2011 which was disposed of vide order dated 23.11.2013 with liberty to the petitioner to file an appeal and till then the operation of recovery order was stayed. Thereafter, petitioner filed an appeal on 15.6.2012 which was decided fide order dated 14.10.2013 maintaining the punishment order dated 18.5.2012.;