AI Structured Summary
Not yet generated for this judgment
Judgment
This petition under Article 226 of the Constitution of India has been filed against the order dated 02.07.2019 passed by respondent No.4 by which petitioner has been directed to show cause as to why a recovery of Rs.57,435/- may not be made from her salary in 12 installments as she has not handed over the complete charge of library books on her transfer.
In compliance of the show cause notice, the petitioner has filed a reply on 04.07.2018 in which she has stated that all the books which were given to her at the time of joining have been given in charge. Thus, it is clear that the allegation of shortage of books at the time of handing over the charge has been denied by the petitioner. As per impugned notice, the petitioner was asked to show cause otherwise it was observed by respondent No.4 that the recovery of amount in 12 installments would be initiated. Therefore, this Court is of the considered opinion in the light of the reply submitted by the petitioner, the respondent No.4 is under obligation to verify that whether petitioner has handed over all the books at the time of handing over and taking over of charge or not.
It is fairly conceded by the learned counsel for the petitioner that the respondents have not started the recovery of Rs.57,435/- so far. Thus, it appears that the respondents have not travelled contrary to their own show cause notice dated 02.09.2019. However, the matter cannot be kept pending for unlimited long period, therefore, it is directed that the respondent No.4 shall decide the question of shortage of books at the time of handing over of charge by the petitioner within a period of one month from today and in case if it is found that the petitioner has not handed over the charge of some books then either the petitioner shall return the same or the respondents shall effect recovery of the cost of such missing books.
With the aforesaid observations this petition is finally disposed of. Needless to mention that till the liability is finally decided, no recovery shall be effected from her salary as directed in the impugned order dated 02.07.2019.