CW 3522/98 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.3522/1998 K K Singhal Versus Rajasthan State Agro Industries Corpn. Date of Order ::: 24/02/09 Hon'ble Mr. Justice Ajay Rastogi Dr. Prakash C. Jain, for petitioner Mr. Suresh C.Goyal, for respondent No.3 Instant petition has been filed by petitioner assailing alleged recovery so adjusted from retiral dues paid to him vide order dt. 29/06/98 (Ann.6). Petitioner while in service of Rajasthan State Agro Industries Corporation, applied for voluntary retirement which was duly accepted vide order dt.03/05/96 (Ann.1) w.e.f. 15/05/96; and vide order dt.16/05/96 (Ann.2), his terminal benefits were computed but under a note endorsed, payment was made subject to adjustment of dues if any and while making actual payment of terminal benefits, respondents have adjusted a sum of Rs.17,052/- as is evident from order dt.29/06/98 (Ann.VI) and balance amount of terminal dues were paid to him, to which petitioner protested and initially approached District Consumer Forum, which after taking note of preliminary objection raised by respondents, his application was dismissed as not maintainable and after legal CW 3522/98 //2// notice being served, petitioner approached this Court by way of instant petition. Only grievance raised by petitioner is that before amount was recovered/adjusted from his terminal benefits, opportunity at any point of time, was neither afforded nor he was made aware of and furnished of details to him. Alongwith reply, respondents placed statement (Ann.R.1) and letter (Ann.R.3) pointing out that in the year 1985-86, 1975-76, 1979-80, 1980-81 when petitioner was posted as Executive Engineer, there were certain outstanding dues which were adjusted upon being pointed out on Audit, from retiral dues and that apart, Counsel for respondent submits that this petition pertains to recovery of monetary benefits involving disputed questions of fact raised, which cannot be looked into by this Court in limited jurisdiction U/Art.226 of Constitution. I have considered contentions of Counsel for parties and with their assistance, examined material on record. As regards preliminary objection raised by Counsel for respondent, suffice it to say that being public authority, it was always expected to disclose material on the basis whereof, alleged recovery was being made from petitioner's retiral dues and when he served CW 3522/98 //3// the institution from the date of his first appointment till retirement. It was otherwise expected from the authority to give him a notice, if at all it was required to be recovered from him as it pertains to the periods way back to 1975-76, 1980-81 and so on. Application for voluntary retirement was accepted by respondents and he stood retired from service from 15/05/96 and outstanding terminal benefits were also computed vide order dt. 16/05/96. Ordinarily respondents were under obligation to pay terminal benefits duly computed but without affording opportunity or calling for his explanation; at its own adjusted a sum of Rs.17,052/- vide order dt.29/06/98 (Ann.VI) without any details whereof to the petitioner – and documents in regard thereto, have been placed for the first time alongwith reply as Ann.R.1 & R.3 and even despite order of this Court directing respondents to place necessary record, which may prima facie show about intending recovery being made from petitioner, but despite opportunity respondents failed to place for perusal relevant record if at all any, being based for making recovery from retiral dues of petitioner. This Court finds substance in contention urged by Counsel for petitioner that CW 3522/98 //4// if respondents intended to make recovery of remotest past 1975-76 and 1980-81, they were under an obligation to afford opportunity of hearing or a show cause notice before amount was being adjusted from retiral dues and withholding of amount payable to petitioner, has caused prejudice and without affording an opportunity of hearing, the same could not have been recovered from retiral dues. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to make payment of a sum of Rs.17,052/- withheld and adjusted towards retiral dues, alongwith interest @6% per annum from the date of its accrual till actual payment. No costs. (Ajay Rastogi), J. K.Khatri/p4/3522CW98Fb24.doc