Subhash Chand vs State of H.P. and Others

Kuldip Singh, J.—The Petitioner has confined his relief at the time of hearing for releasing Rs. 10,000/- along with interest.

The brief facts of the case are that a sum of Rs. 10,000/-was deducted from the salary of the Petitioner on the basis of some audit objection. It has been submitted by the learned Counsel for the Petitioner that the audit objection was reconciled but despite that the amount of Rs. 10,000/- has not been released to the Petitioner. The amount of Rs. 10,000/- was deducted from the salary of the Petitioner in installments from June, 1990 to March, 1991.

The reply has been filed by Respondents No. 1 to 3 in which it has been stated that the recovery of Rs. 10,000/- was deducted as pointed out by the Internal Audit conducted for the period 1983-84 to 1990-91 on account of agriculture inputs of Lambagaon Block and recovery thereof was rightly affected as the officer did not reconcile the same. It has been stated that during 1994 on reconciliation the same stands settled. But when the case of refund was under process, there was contemplated recovery of other huge amounts from the Petitioner for the year 1985-86 etc. It has been stated by the learned Additional Advocate General that the inquiry with respect to other recoveries is pending against the Petitioner.

In the reply, the Respondents have taken a specific stand that the amount of Rs. 10,000/- was recovered on account of Internal Audit but in 1994 on reconciliation, the same stands settled. The inquiry is goingon against the Petitioner with respect to other alleged recoveries which has not been finalized. At this stage, it cannot be said that the Petitioner is liable to pay the other recoveries as alleged by the Respondents. The amount of Rs. 10,000/-is not such a big amount which can cover the entire alleged amount due against the Petitioner on account of recoveries as alleged by the Respondents. It is the stand of the Respondents that amount of recovery of Rs. 10,000/- from Petitioner has already been settled. In these circumstances, the Petitioner is entitled to refund of Rs. 10,000/-.

The petition is allowed, the competent authority will refund the amount of Rs. 10,000/- to the Petitioner within a period of one month from the date of supply of copy of the judgment by the Petitioner to the competent authority, failing which the Petitioner shall be entitled to interest at the rate of 9% per annum on Rs. 10,000/- from 3 24.5.2000 when the Petitioner demanded the refund of Rs. 10,000/- till payment. The petition stands disposed of on above terms.