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Judgment
The instant petition has been filed for the grant of following substantive relief(s):
(I) That impugned office order bearing No. HF/ES 1/589596 dated 22.11.2017 (Annexure A/1) issued by the respondent, whereby the retirement benefits of the present applicant upto the extent of Rs. 08,94,495/ out of the total amount of Rs. 16,03,720/ stands withheld on account of pending inquiry is liable to be quashed and set aside being unlawful.
(ii) That, the respondent be directed to disburse the remaining/pending retirement benefit of Gratuity and Leave Encashment of the applicant upto the tune of Rs. 08,94,495/0 (Rupees Eight Lakh Ninety Four Lakh Four Hundred and Ninety Five Only) @ 18% interest per annum till its realization from the date it became due.
(iii) That, the office order bearing no. HF/ES 1(77)81VolIII685257 dated 14.02.2017 (Annexure A9) with regard to the constitution of a committee to examine the issue regarding shortage of fertilizer at Himfed, store Dhalli for the year 198485 be quashed and set aside being without any authority of law.”
Vide office order dated 22.11.2017, an amount of Rs. 8,94,495/- which otherwise was payable to the petitioner on account of retiral benefits, was withheld on the ground that there was shortage of fertilizer recovery as pointed out by the A.G. Audit party in the Audit Note for the financial year 2013-14 and till the inquiry is not completed, the aforesaid amount could not be released.
It is not in dispute that inquiry in this case stood completed on 24.10.2017, i.e. prior to the issuance of office order dated 22.11.2017 (supra) which fact was well within the knowledge of the respondent. It is further not in dispute that even after submission of the inquiry report, the respondent could not lay their hands on any material or document to connect the petitioner with the losses or shortage of fertilizer, as had been pointed by the Audit team. Even in the final report, no specific finding regarding the guilt of the petitioner was rendered by the Inquiry Officer.
In these circumstances, the action of the respondent is not at all tenable in the eyes of law. Accordingly, the present petition is allowed and Annexure A-1, dated 22.11.2017 is quashed and set aside. Respondents are directed to refund an amount of Rs. 8,94,495/- alongwith simple interest @ 7.5% per annum to the petitioner within a period of 30 days from today. In default, the respondent shall be liable to pay interest @ 9% per annum on the aforesaid amount. The pending application(s), if any, are also disposed of.
For compliance, to come up on 28.6.2022.