W.P.(C) No. 14163 of 2009. Case: Banambar Parida Vs Orissa Forest Development Corporation Limited and Ors.. High Court of Orissa (India)

Case NumberW.P.(C) No. 14163 of 2009
CounselFor Appellant: Manoranjan Mishra and R.B. Sinha, Advocates and For Respondents: B.K. Sharma, K.K. Mohapatra and B. Panda, Advocates
JudgesDr. B.R. Sarangi, J.
IssueService Law
Judgement DateJanuary 06, 2017
CourtHigh Court of Orissa (India)


Dr. B.R. Sarangi, J.

  1. The petitioner, who was working as a Sectional Supervisor under the Orissa Forest Development Corporation and retired as Deputy Vigilance Officer on 31.05.2006, has filed this application seeking following reliefs:

    "a) why the order of recovery dated 4.2.2008 and 11.3.2008 vide Annexure-3 issued by the opposite party No. 1 against the petitioner will not be declared illegal, arbitrary and the same will not be quashed and,

    b) why the deduction of Rs. 96,638.00 vide Annexure-2 out of sanctioned amount towards unutilized leave salary of Rs. 1,15,456.00 in favour of the petitioner will not be declared illegal, arbitrary and the same will not be quashed and,

    c) why a direction will not be given to opposite parties to refund the deducted amount i.e. 96,638.00 including the interest accrued thereon till the date of payment within a stipulated period.

    d) why the order dated 26.08.2008 vide Annexure-14 rejecting the appeal of the petitioner will not be declared illegal and the same will not be quashed.

    And if the opposite parties do not show cause then the rule be made absolute by issuing appropriate writ/order/direction to the opposite parties and any other order as deem fit be passed."

  2. The factual matrix of the case in hand is that after retirement of the petitioner, an amount of Rs. 1,15,456/- was sanctioned by Orissa Forest Development Corporation Ltd. (OFDC) vide letter dated 11.03.2008 in lieu of his salary for unutilized earned leave of 289 days standing at his credit subject to recovery of dues of the corporation outstanding against him. An amount of Rs. 96,638/- was deducted towards the dues of the corporation stated to have been outstanding against the petitioner from out of Rs. 1,15,456/-, which was sanctioned towards unutilized salary. It is pertinent to mention here, prior to his retirement though several requests were made by the petitioner for grant of no due certificate, no action was taken by the authority, and finally the petitioner was extended with all the financial benefits admissible to him after retirement, except Rs. 96,638/- which was already deducted from the unutilized salary. The said amount has been calculated on different heads, but the findings in audit report dated 02.05.2002 do not impose any liability on the employee concerned unless the same is established in a departmental proceeding initiated against the employee under the concerned rules. In the office memorandum dated...

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