JUDGMENT :

1. The lis involved in the present writ petition pertains to recovery of an alleged overdrawn amount.

2. Mr. Bhattacharyya, learned advocate appearing for the petitioner submits that during the long tenure of his service since the year 1978 no allegation was ever raised that he had enjoyed excess earned leave and no disciplinary proceeding was initiated. It is only seven months prior to his retirement, the respondent no.9 by a memo dated 3rd May, 2018 directed him to refund an amount of Rs.83,904/- for having enjoyed excess earned leave of 103 days as on 31st March, 2018. After filing of the present writ petition, the respondent no.9 issued a further memo dated 20th June, 2019 taking a new stand that the petitioner had taken excess earned leave of 195 days as on 31st March, 2018 and demanding an amount of Rs.1,74,003/-. In support of the said memo, a leave statement was annexed at page 12 of the affidavit- in-opposition. A perusal of the said leave account would reveal that as on 31st March, 2017 earned leave account was marked as '-106' and the medical leave account was marked as 0' but in a letter issued to the petitioner by the respondent no.9 thereafter on 12th April,