@ k WRIT PmON NQ.2659 OF 2W3 Jagdish Pmad Tiwcri, Aged 63 yams, 5/0 5hri Ram Khiiwm Tiwar'i, Reid. Assisfam Engineer, R/o Opposife Dcshbundhu Press, Civil Lines, Bilaspur, Tehsil & Distt Bilaspur (C.G.) Versus 1. Sfafe of Chha'h'isgarh, RE$PONDENT5: Through fin: Sect-awry, Wafer Resources Deparfman‘t, Raipur (C.G.) 2. ExecuiiVe Engineem, Mahmadi Jalasaya Project, Second Phase Work Division, Raipur (6.6.) 3. Execufive Engineer, Wu-i'er Resources Division, Mdnasamund (C.6.) 4. Superintendent Engineer, M¢anndi Circie, Rnipur (C.6.) 5. Superin‘rending Engineer, Minimum Bongo Dam, Division-II, .Tanjgir, DisitJanjgir-Champa (C.6.) POST FOR ORDER ON 4*“ sepnmber, 2003 sw— L.c.BHADoo ‘L Judge ,Sepfember, 2003 @ HRH ¢OURI ¢F WDKATURE AT 3M5M wk) WRIT PETITION NO.2659 OF 2003 Jagdish Prasad Tiwcr-i, Aged 63 years, 5/0 Shri Ram Khilwvm Tiwari, Refd. Assisfanf Engineer, R/o Opposi1e Deshbandhu Press, Civil Lines, Bilaspur, Tehsil & Disf‘l'. Bilaspur- (6.6.) Versus O R D E R (Passed on 4’” September, 2003) .1. The main grievance of the petitioner in this petition under Article 226/ 227 of the Constitution of India, is against letter dated 27.03.1997 sent by respondent No.2, by which respondent No.2 had // / RESPONDENTS: 1. State of Chhmisgm‘h, Through the Sammy, Wafer Resources Deparfmcnt, Raipur (6.6.) 2. Executive Engineer, Mahanadi Jalasaya Project Second Phase Work Division, Raipur (C.G.) 3. Executive Engineer, Water Resaurees Division, Mahasamund (6.6.) 4. Superintendent Engineer, Md'lanadi Circle, Raipur (C.6.) 5. Superintending Engineer, Minimatu Bango Dam, Division-II, J’anjgir, DisttJmigir-Champa (6.6.) Present: - Shri Somnath Verma, Advocate: For the petitioner Shri Ranbir Singh, Govt. Advocate: For the State/respondents issued a recovery mema showing Rs.36,066-96 as miscellmeous advance in ‘rhe name of fhe peti'l’ioner. . The pefi‘rioner was working as Assisfan'r Engineer in The Irrigafion Deparfmenf under the respondenis from where he refired on 31" December, 2000. A recovery memo daied 27.03.97 issued by respondent No.2 along wi'rh anofher memo dofed 04.08.97 issued by The Executive Engineer, Minimofa Bongo Dam, Division-III, Machadoli, was sent to the pefifioner, in which i'l' was mentioned ‘tha‘r an amount of Rs.36,066-96 is oufs‘fanding againsf the petitioner as misceiianeous advance taken by him for doing departmental public work. At the time of sanctioning the pension without giving reasonable opportunity to the petitioner, the respondents deducted huge amount of Rs55,000/- from his gratuity amount. Apart from that the respondents are deducting 10% of the pension continuously which is illegal. . I have heard the learned counsel for the parties. . Learned counsel for the petitioner submitted that after a period of 24 years all of a sidden without giving opportunity to the petitioner and without issuing any show cause notice and that too in spite of the request of the petitioner for supplying documents or material by which’ the petitioner took the advance, all of a sudden, the respondents have deducted Rs.55,000/- and they are continuously deducting 10% of his pension amount. . A perusal of the document (Annexure P-1) shows that on 27.03.97, a memo was sent to the petitioner showing Rs.33,695-90 as outstanding against the petitioner. On receiving this, the petitioner sent a letter to the Executive Engineer on 18.09.97 in which he mentioned that he worked at Minimata Bongo Dam up to December, 1987, but till then no intimation was sent to him regarding any / amount outstanding against him. He further asked for photo stat / // @9 h) copies of relevarrr documznfs in order 1'0 make a represem’a'fion‘ againsf The said recovery. Again on 27.08.2001, a recovery memo was sent fo the pe‘ri‘l’ioner. In reply To fhaf, ‘rhe pe‘tifioncr again moved a [effer- on 21“ June, 2002 f0 The Execu‘rive Engineer showing fhu‘r he grands reiired in The mon‘rh of December, 2000, therefore, necessary particulars of ‘l’he advance mode 1’0 him be supplied To him, so ThaT he can send his explanaTion and defend his ease. In spiTe of ThaT, no documenTs were supplied To The peTiTioner. Therefore, again he wroTe a leTTer on 27.07.2002 (Annexure P—6) narraTing all The facTs and again requesTed To supply him The necessary vouchers, record and copies of The audiT objecTions, so ThaT he can forward his explanaTion. UlTimaTely, a noTice was senT by The counsel for The peTiTioner on 10.08.2002 under SecTion 80 of The C.P.C. In reply To ThaT, The SuperinTendenT Engineer senT a reply on 26.09.2002 To The counsel for The peTiTioner. . Perusal of The above documenTs show ThaT The peTiTioner is repeaTedly asking The respondenTs To supply copies of relevanT documenTs, copy of The audiT reporT and vouchers by which The amounT was advanced To him. BuT, The respondenTs are noT supplying The copies. Moreover, a lump sum amounT of Rs.55,000/- has been deducTed and The respondenTs are regularly deducTing 10% of The pension amounT. . Having heard The learned counsel for The parTies and having regard To The facTs and circumsTances of The case, on agreemenT of boTh The counsel, iT is ordered :ThaT respondenT No.2 shall supply To The peTiTioner all The relevanT documenTs concerning The amounT which was advanced To The peTiTioner Le. vouchers: enTry of regisl’er, if any: audiT reporT and ,oTher maTerial showing advance To The peTiTioner wiThin a period of ThirTy days from The daTe of receipT of a copy of This order and in addiTion, The peTiTioner is enTiTled To approach respondenT No.2 for obTaining copies. AfTer receipT of The relevanf documenfs, me pefhioner shall send his represenfafion/ explanafion 1’0 respondenf No.5 wifhin a period Vaf Thirfy days from The dafe of fhe receipf of relevonf papers/documenm After receipt of fhe represen'l'afion/explanafion of fhe pe‘ri?ioner, respondem' No.5 shall dacide fhe mafier finally wifhin mother Thirty days Thereof. If fhe pe'H‘Honer is no1' satisfied wi'rh The order of respondenf No.5, fhen he is of liberty fo ‘roke appropriate recourse lo law. 8. Accordingly, fhe writ pefifion stands disposed of. Sd/‘ .c.BHADoo g Judge Some L