wp3473.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3473 OF 2009 Prabhu s/o Ganpatrao Jawale, R/o-Kallamb, Tq-Kallamb, Dist-Osmanabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Secretary, Urban Development Department, Mantralaya, Mumbai-32, 2) The Collector, Dist-Osmanabad, 3) The Chief Officer, Municipal Council, Kallamb, Dist-Osmanabad. ...RESPONDENTS. ... Shri.H.K. Munde Advocate for Petitioner. Shri.K.J. Ghute Patil, A.G.P. for Respondent Nos. 1 and 2. Shri.B.R. Sontakke Patil Advocate for Respondent No.3. ... wp3473.09 2 CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 6TH SEPTEMBER, 2011. PER COURT : 1. Heard learned counsel appearing for the respective parties. 2. The Petitioner, while working as librarian with Respondent No.3 Municipal Council, retired in the year 2004. While handing over charge, the Petitioner submitted that 2225 books were short. The Respondent Municipal Council, thereafter, passed Resolution No.456 in the general body meeting dated 23rd March, 2006 in respect of steps taken for enquiring into the issue of books being found short while the Petitioner handed over the charge. By communication dated 24th September, 2006, the librarian, who was appointed as enquiry officer, submitted report to the Chief Executive Officer of wp3473.09 3 the Respondent Municipal Council. The Chief Executive Officer issued a notice to the Petitioner on 3rd October, 2006. 3. The Petitioner's grievance is that an amount of Rs.74,797/- was deducted from gratuity and remaining amount was paid to the Petitioner. The learned counsel for the Petitioner submits that departmental enquiry ought to have been initiated but the same could not have been initiated due to provisions of Rule 27 of the Maharashtra Civil Services (Pension) Rules, 1982. 4. Learned counsel for Respondent Municipal Council submits that under Rule 134-A of the Maharashtra Civil Services (Pension) Rules, 1982, recovery and adjustment of amount paid to an employee, is permissible. The amount was found payable by the pensioner and therefore, it was deducted. wp3473.09 4 5. Whether the books which were found to be short while the Petitioner handed over charge, were utilized by some other members who were utilizing library facility, cannot be gone into in the present proceedings of Writ Petition. The Petitioner is raising questions of facts which are disputed by the Respondents. In view of the facts of the case, we are not inclined to enter into the disputed question of facts. The Petitioner is at liberty to raise his grievances in appropriate forum. The Writ Petition is dismissed. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/SEPT11