IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9754 of 2008 THE UNION OF INDIA & ORS Versus DILIP KUMAR KAR ----------- For the Petitioners : Mr. Anil Kumar Sinha, Advocate For the Respondent : Mr. Amar Nath Jha, Advocate ----- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 22nd July, 2008. We heard the counsel for the petitioners. 2. The Central Administrative Tribunal, Patna Bench, Patna ( for short „Tribunal‟) relied upon its earlier order passed in O.A. No. 212 of 2006 and based on that, observed in paragraph 3 of the order thus: “The learned counsel for the applicant requests in this case also the same formula shall be applied and half of Rs. 1,29,000/- should be deducted from the retirement dues of the applicant and not 75%. The learned counsel for the respondents has no objection to this as this has been done in the case of 15 other similarly placed persons and this could not be applied to the present applicant earlier as he was not a party in OA No. 212/2006. He says that recovery of Rs.22,000/- has already been made from his dues on year to year basis. If the same formula is applied in this case also then the total recovery of Rs.65,000/- will be made out of which Rs.22,00/- has already been recovered and only an amount of Rs.43,000/- more needs to be recovered.” 3. On the basis of the aforesaid observation, the present - 2 - petitioners have been permitted to deduct Rs.43,000/- from the retirement dues of the original applicant (respondent herein). 4. The approach of the Tribunal cannot be said to suffer from any legal flaw justifying interference by us. 5. Writ petition is accordingly disposed of. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/