CWP (T) No.4601 of 2008 (OA No.1877/97) 24.6.2009 Present:- Mr. Neel Kamal Sood, counsel for the petitioner. Mr. R.K.Sharma, Sr. Addl. A.G. with Mr. A.K.Bansal, Addl. Advocate General and Mr. R.P.Singh, Assistant Advocate General, for respondents No. 1 & 2. This is a petition wherein prayer has been made for quashing memorandum dated 16.1.1996, Annexure A-5 and order dated 24.9.1997, Annexure A-7. In Departmental inquiry vide order dated 14.12.1994 a minor penalty of withholding of increments for two years without cumulative effect and a recovery of Rs.2000/- with interest on account of mis-appropriation of Government money towards the purchase of service postage stamps was imposed upon the petitioner. It was also ordered that Sh. H.R. Kamal, Deputy Controller (F&A) would review his audit report with regard to recovery of Rs. 11,120/- towards purchase of service postage stamps and point out exact amount of recovery which would also be recoverable from the petitioner. Sh. H.R. Kamal, Deputy Controller (F&A) vide report dated 20.4.1995 again confirmed recovery of Rs.11,120/- from the petitioner. The Director, H.P. Institute of Public Administration had issued memorandum Annexure A-5 to petitioner for recovery of Rs.11,120/- on the basis of report of Sh. H.R.Kamal. The petitioner filed representation dated 27.2.1996, Annexure A-6/T in pursuance of memorandum dated 16.1.1996, Annexure A-5. The Annexure A- 7 was passed in response to Annexure A-6/T in which petitioner had prayed for inspection of record only. The order dated 14.12.1994 was not assailed by the petitioner either departmentally or by way of petition in appropriate Court / Forum. The punishment order dated 14.12.1994 has attained finality. The petitioner has failed to establish any illegality in the order dated 14.12.1994. Sh. H.R.Kamal, Deputy Controller (F&A) had reiterated in report dated 20.4.1995 that an amount of Rs.11,120/- is to be recovered from the - 2 - petitioner. The Annexure A-5 was not issued on the basis of disciplinary proceedings which ended in passing order dated 14.12.1994. The petitioner in the petition has submitted that petitioner was imposed minor penalty of with- holding of increments for two years without cumulative effect and recovery of Rs.2000/-. The petitioner had already suffered the said punishment, thereafter another order dated 16.1.1996, Annexure A-5 was circulated and ultimately order dated 24.9.1997, Annexure A-7 was passed. The respondents 1, 2 have filed reply wherein they have stated that disciplinary authority vide order dated 14.12.1994 had imposed penalty of Rs.2000/- and Rs.11,120/-. In other words, recovery of Rs.11,120/- was very much ordered by the disciplinary authority vide order dated 14.12.1994 which has not been assailed by the petitioner, nor copy of that order has been placed on record. Resultantly, there is no merit in the petition which is accordingly dismissed. (Kuldip Singh), June 24, 2009. Judge. (GR)