The order impugned in the present writ petition directs recovery of Rs. 87,691/- from the petitioner for the loss caused to the State Government because of illegal fixation of salary done by the petitioner of one R.P.Pandey, Junior Clerk, Cantt. Depot, Varanasi Region, ignoring the order of punishment passed against R.P.Pandey. The said order specifically records that the Service Book and other records of R.P.Pandey have been examined and calculation of the salary of R.P.Pandey has been done by the petitioner in his own writing. Therefore, it has been held that prima facie the petitioner is responsible for such wrongful fixation. Counsel for the petitioner states that prima facie satisfaction cannot be the basis for recovery of alleged loss caused to the State Government. The respondents have to record final satisfaction qua involvement of the petitioner in such wrongful fixation, if any, which resulted in the alleged loss caused. Having heard learned counsel for the parties and having examined the records, I am of the considered opinion that interest of justice may be served by providing as follows : Petitioner may treat the order of the Regional Manager dated 26.05.2010 as a show cause notice and may submit his reply to the same, supported by such documents as he may be advised, along with a certified copy of this order before the Regional Manager, within four weeks from today. On such reply being submitted, the Regional Manager shall pass a reasoned speaking order preferably within four weeks, thereafter.
For a period of 08 weeks, no coercive action shall be taken against the petitioner and thereafter the recovery for the alleged loss caused shall abide by the orders to be passed by the Regional Manager, as indicated above. Writ petition is disposed of.
Dated : 28.06.10 VR/36946/10