- (1.) The petitioner was a Class III employee. He stood retired from the post of Sub-Inspector (Ministerial) in the year 1995. Initially, he was appointed in the Consolidation Department in the year 1960. Later, in the year 1971 he joined in the Police Department where he reached at the age of his superannuation in the year 1995.
(2.) It is stated that after his retirement, an order has been passed by the Superintendent of Police, Siddharth Nagar on 02.02.2007 for recovery of a sum of Rs.71,621/- on the ground that there was a withdrawal from his G.P.F. account and excess payment has been made to him. It is further stated that after his retirement in the year 1995, for the first time, the petitioner was informed about the excess payment on 11.09.2006. The petitioner has made correspondence to the authority concerned explaining that the dues which are pending with the Parent Department i.e. Consolidation Department since 1960 has not been paid till date. In spite of several letters, the Parent Department has not paid the dues without any justification. One of the representations of the petitioner dated 20.10.2005 is on the record. It is also stated that on the basis of a query made by the Senior Accounts Officer, Office of the Accountant General, U.P. a correspondence dated 16.12.2005 was issued to the petitioner. The petitioner has replied the said correspondence. However, without considering his representation the impugned order has been passed.
(3.) A counter affidavit has been filed on behalf of the respondents no.3 and 4, wherein it is mentioned that a debit of Rs.5000/- taken by the petitioner from his G.P.F. account was not entered in the G.P.F. Pass-book by the Parent Office and due to said mistake the authorization of payment of the amount of Rs.7,917/- and Rs.59,052/- were not traceable at the time of calculation. The relevant part of the paragraph-4 of the counter affidavit is extracted hereunder below: "It is pertinent to mention here that the debit of Rs.5000/- taken by the petitioner from his G.P.F. Account No.PU-98472 vide Voucher No.53 of April, 1981 from Ballia Treasury was not entered in his G.P.F. Pass Book by his Parent Office in the year 1981-82.";