Hans Raj Sharma vs ACCOUNTANT GENERAL, J And K SRINAGAR

THE Counsel for the respondent did not turn up despite our wait.

WE have heard Mr. Ravinder Sharma. He is aggrieved of the order of the Divisional Forum dated 28.3.94 by which the Divisional Forum in utter disregard of statutory interest rate of 12% has allowed interest only at the rate of 10%. His another grievance is that no compensation has been paid even though the amount due to the appellant has not been paid to him since Nov., 1983. The brief facts are that after his retirement in October, 1983 the appellant was paid his GP Fund dues though in 1982 after perusing the statement he found that in the year 1976-77 it was wrongly shown that he had withdrawn a sum of Rs. 1400/- from his GP Fund vide Treasury Voucher No. 654 dated 13.12.76. His case is that he had never withdrawn this amount and this was wrongly shown as a result of which he has lost Rs. 1400/- from his account.

The Complainant immediately after noticing this fact wrote letters to the Accountant General to the Block Dev. Officer under whom he was serving and to the District Agriculture Officer but no relief was provided to him.

THE respondent has not responded though opportunity as required by the statue was afforded to him. THEre is no evidence also by the respondent to rebut the claim of the appellant. In fact the A.G. has not taken us into confidence as to how this withdrawal was wrongly imputed to the appellant on the basis of the correspondence between the appellant and to various agencies and on the basis of testimony of the appellant the Divisional Forum passed an order directing that the amount of Rs. 1400/- with interest @ 10% per annum with effect from 13.12.76 till the date of payment be paid to the appellant and also fixed the litigation expenses at Rs. 1500/-. Further direction is that the amount be paid within 3 months. The grievance made by the appellant in our view is genuine. The appellant ever since his retirement in 1983 has been denied the benefit of hard earned money. Nobody has cared to look into his case and one can only guess the amount of sufferings he has undergone. It was only as a last resort that he approached the Forum for redressal of his grievances. In the normal course the interest payable on GP Fund is @ 12% per annum and there is no reason why the interest rate should have been reduced to 10%. To that extent therefore, we modify the order under appeal and direct that instead of 10% the interest should be paid to the appellant at the rate of 12%.

KEEPING in view the facts and circumstances of this case we are of the view that the Complainant-appellant herein shall also be paid compensation to the tune of Rs. 1000/-. This amount shall be paid to the appellant in the manner directed by the Divisional Forum. After the compensation is paid by the A.G., the A.G. should conduct a domestic enquiry and locate as to how the amount of Rs. 1400/- came to be shown having been withdrawn by the appellant and after finding the person responsible for this lapse, this amount shall be deducted from his pay and remitted to the Government Treasury. The appeal is allowed in the aforementioned terms. Appeal allowed.