IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 6535 OF 2003 CIVIL WRIT PETITION NO. 6535 OF 2003 CIVIL WRIT PETITION NO. 6535 OF 2003 Shri H.L. Maistry ] .. Petitioner Versus 1. The State of Maharashtra & ors. ] .. Respondents Mr. N.V. Bandiwadekar for the petitioner. Mr. S.R. Nargolkar, AGP, for the respondent No.1. Mr. G.W. Mattos, AGP for the respondents No.2 & 3. CORAM: S.B. MHASE & S.S. SHINDE, JJ. DATED: 09TH APRIL, 2008 P.C. : 1. Heard. 2. The petitioner has retired from service and one of the retirement benefit of the petitioner is the provident fund and gratuity amount. From these amounts, the respondents desire to deduct the amount of Rs.73,640.65. According to the respondents, this amount is an amount of loss caused by the petitioner to the respondent-Board. : 2 : 3. We have perused the MHADA CPF Rules, 1985 in respect of the provident fund and more specifically Rule No.32. On going through the said Rule, we do not find any power having been granted to the respondents to deduct the amount at the time of retirement for having caused loss to the Board. Similarly, in respect of the gratuity also, we have perused Rule No.7 of the MHADA Employees Gratuity Regulations of 1985 applicable to the petitioner and we find that the deduction of the amount of loss from the gratuity of the petitioner is also not justifiable. The respondents may have other legal remedies available to them in order to recover this amount of loss as per Rules, but certainly the respondents are not entitled to deduct the same from the provident fund and/or gratuity of the petitioner. 4. We, therefore, quash and set aside the orders dated 10th December 1999 and 14th May, 2001. The Writ Petition is allowed in the above terms. Sd/- Sd/- [S.S. SHINDE, J.] [S.S. SHINDE, J.] [S.S. SHINDE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]