SAMARESH CH. BHATTACHARJEE Vs. STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) A copy of the writ petition has been served on Sri S.A. Laskar, learned Sr. Government Advocate, Assam. We have heard both sides.

(2.) Petitioner is an employee in the Public Works Department of Govt. of Assam. He is aggrieved by Annexure-5 letter No. AC/ 238/1882 of the Executive Engineer, P.W.D. Gauhati Building Division directing the petitioner to deposit Rs. 4637.40 being the value of the irrecoverable part of stock-materials fraudulently issued by the petitioner to a contractor. The letter further indicated that on failure to deposit the amount it would be recovered from petitioner's monthly pay bill in five consecutive instalments starting from April, 1992. It appears that an attempt was made to deduct the amount from the pay bills of April and May, 1992, but the petitioner was not willing to receive the pay. He has now filed this petition under Art. 226 of the Constitution challenging Annexure-5.

(3.) The impugned order is evidently a penalty as contemplated in Clause (iii) of Rule 7 of the Assam Services (Discipline and Appeal) Rules, 1964. According to this clause a penalty can be imposed on Government employee directing recovery from pay of the whole or part of any pecuniary loss caused by negligence or breach of orders to the Government of Assam or the Central Government or any other State Government or any local or other authority to whom services of a Government servant had been lent. Since the impugned order/letter indicates that the amount stated therein is the loss suffered by the Government on account of negligent or fraudulent act of the petitioner, certainly the order must be regarded as levying a penalty under Rule 7(iii).