- (1.) BY Court: Heard counsel for the parties.
(2.) THE petitioner has preferred this writ application for quashing of the orders contained at annexure -16 dated 23rd July 1999 and annexure -19 dated 28th December 1999 by which in a departmental proceeding pursued against the petitioner, order for recovery of amounts of Rs. 65,723.84 and Rs. 1,65,258.54 respectively from his salary was passed. However, counsel for the petitioner submits that the recovery of the said amount during the pendency of the writ application and even earlier, have been effected by way of certificate proceedings pursued against the concerned Munshies to whom the said advances were made for collection of Kendu Leaves and the part of the amount has also been realized from the petitioner's salary. Counsel for the petitioner further submits that by orders passed by the respondent themselves which are contained in order no. 31 -32 dated 9th May 2011, copies of which have been produced on behalf of the parties, pursuant to such realization of the amount from the different sources, the petitioner has been let out with a punishment of warning. It is submitted on behalf of the petitioner that the loss to the department has already been realized. It is further submitted on behalf of the petitioner that the petitioner has already been granted promotion by office order dated 17th February 2012 with effect from 8th September 1987 on the post of Range Officer. Such office order is said to be annexed as annexure -7 to the other writ petition being WPS No. 1572/12. In that view of the matter, counsel for the petitioner submits that since the amount in question stands realized by the respondent corporation through certificate proceedings as well as from the salary of the petitioner, part of the amount which may have been recovered earlier from him before realization of the entire amount, is bound to be refunded to the petitioner.
(3.) COUNSEL for the respondents submits that for the aforesaid prayer, the petitioner may approach the concerned respondent authorities who may look into the same and after verification of the records, pass a reasoned order in accordance with law.;