R. P. Chaudhary vs State of Himachal Pradesh and Others

Rajiv Sharma, J.—Petitioner has retired from the Respondent-department on 31.07.2001. However, after retirement of the Petitioner, Annexure A-7, dated 03.07.2002 has been issued by the Respondents, whereby recovery to the tune of Rs. 23848/- was ordered to be made from the salary of the Petitioner. Admittedly, the Petitioner has not been issued any show-cause notice before the decision was taken to effect the recoveries from his salary. He has suffered civil and evil consequences. Moreover, the Petitioner has already retired. The decision ought to have been taken by the Respondents before the retirement of the Petitioner after hearing him.

Accordingly, the petition is allowed. Annexure A-7, 03.07.2002 is quashed and set aside. In normal circumstances, this Court ought to have permitted the Respondents to proceed with the matter in accordance with law, however, since the Petitioner has already retired on 31.07.2001, the proceedings are closed. The Respondents are directed to refund a sum of Rs. 23848/- to the Petitioner, within a period of two months from the date of production of a certified copy of this judgment by the Petitioner. No costs.