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Judgment
Heard learned counsel for the petitioner and Kameshwar
Singh Sanskrit University, Darbhanga.
The petitioner has moved the Court for refund of Rs.
41,380/-, which has been adjusted from the gratuity payable to his
father.
This is the third round of litigation as earlier the
mother of the petitioner has twice moved the Court for the same
relief in C.W.J.C. No. 16634 of 2009 and C.W.J.C. No. 2221 of
2014. In the first round, liberty was given to file representation
which the petitioner''s mother filed and the authorities came out with
an order dated 08.02.2014, explaining the adjustment.
Learned counsel for the petitioner submitted that
before making any adjustment from the gratuity, at least, show cause
was required to be issued.
Having considered the matter, the Court cannot accept
the contention of learned counsel for the petitioner for the reason that
twice after the adjustment has been made, the matter came before
this Court and the Court gave indulgence to file a representation
before the authorities. The same having been done, an order has been
passed which gives the break-up of the adjustment made. From the
materials on record, the Court is convinced that such amount
adjusted is the actual amount and there is no discrepancy and is also
borne out from the various official communications, copies of which
have been brought on record by the petitioner himself.
In view thereof, the Court finds no reason to interfere
in the matter and, accordingly, the writ petition stands dismissed.