- (1.) The challenge in the present writ petition is to the order dated 12.12.2005 (Annexure P-7) issued by the Director, Treasuries and Accounts, Haryana, whereby a recovery of Rs.1.42 lacs has been effected from the pensionary benefits of the petitioner. Further prayer is for the issuance of a writ in the nature of mandamus directing the respondents to refund the amount so recovered along with interest at the rate of 18% per annum.
(2.) Briefly noticed, the petitioner retired as a Senior Accounts Officer from the office of Director of Industries, Haryana on 30.11.1995 upon attaining the age of superannuation. Prior to his retirement, he was served with a charge sheet for allegedly having caused financial loss to the tune of Rs.1.42 crores on account of recycling of prize winning tickets. In pursuance to a departmental enquiry having been held and an enquiry report dated 12.05.1995 having been submitted, the petitioner was held guilty for defacing/destroying the prize winning tickets. A show cause notice dated 02.05.1995 was served upon the petitioner contemplating the imposition of extreme penalty of dismissal from service as also recovering 1% of the financial loss of Rs.1.42 crores. In the meantime, the petitioner retired and the retiral benefits were withheld on account of the pendency of the disciplinary proceedings. Aggrieved against such action, the petitioner filed CWP No.3681 of 1996, which was disposed of by this Court on 23.09.1996 with a direction to the respondents to finalize the departmental proceedings within a period of three months. On 19.03.1997, an order was passed, whereby the petitioner was dismissed from service and a recovery of an amount equal to 1% of the loss caused to the Government on account of recycling of prize winning tickets was directed.
(3.) The petitioner filed CWP No.7861 of 1997 impugning the order dated 19.03.1997. It has been pleaded that the aforementioned writ petition was allowed on 27.05.2005 and the order dated 19.03.1997 was quashed. It has further been averred that liberty had been granted to the respondents to consider the entire matter afresh and thereafter, to pass orders in accordance with law. It is against such factual backdrop that the impugned order dated 12.12.2005 (Annexure P-7) has been passed to effect the recovery of Rs.1.42 lacs from the retiral dues of the petitioner and the remaining dues to be released to the petitioner within a period of three months.;