Subhash Chand Sharma vs The State of H. P.

Justice Sanjay Karol, J.—It is not in dispute that a sum of Rs. 93,000/- stands recovered from the petitioner by the respondents. According to the respondents petitioner was entrusted with certain amounts for execution of public work. He embezzled the same and as such recoveries were affected. Now this fact is seriously disputed by petitioner. It is contended that the respondents affected recovery from him under coercion. In fact his benefits were delayed and stopped by them without any justifiable and unexplained reasons. These amounts were recovered by the respondents themselves from his retiral benefits.

Undisputedly before the amount was recovered by the respondents, no inquiry was got conducted in which petitioner was ever associated. He was also not issued any show cause notice.

As such, present petition is disposed of with a direction that the respondents shall conduct an inquiry by associating petitioner within a period of six months from the date of receipt of certified copy of order. All concerned shall be associated and if it is ultimately found that petitioner is not liable to account for and pay sum of Rs. 93,000/-, the same shall be refunded to him with interest @ 12% p.a., the rate at which amounts were recovered by the respondents.

With the aforesaid observations, petition stands disposed of, so also the pending application(s), if any.