Recovery of amounts from a person after retirement is invalid in the absence of specific enabling provisions under the relevant statute.

This review application has been filed praying that this Court may be pleased to review the order, dated 16. 2009, made in W.P.No.2848 of 2007 and to dismiss the writ petition.

2. It has been stated that the writ petitioner was working as a Forest Ranger, Afforestation Range, Tiruvannamalai. During the year, 1997-1998, he had executed the work of raising plantations over an area of 290 hectares in Periyakulam water shed area, under the Tamilnadu Afforestation Project. As per the instructions of the Chief Conservator of Forests (Social Forestry), Chennai, in Reference No.S2/15660/98, dated 3. 1999, monitoring of the works was taken up by Mr.Amit Asthana, Deputy Conservator of Forests, from 1. 1999 to 1. 1999. In the inspection report, dated 21. 1999, submitted by the Deputy Conservator of Forests to the Chief Conservator of Forests, (Social Forestry), the details of short fall in planting seedlings had been highlighted. The Chief Conservator of Forests (Social Forestry), Chennai, in his reference, dated 21. 1999, had instructed the Divisional Forest Officer, Afforestation Division, Tiruvannamalai, to take necessary action to recover the loss caused to the Government.

3. The writ petitioner, who has now retired from service, had been given an opportunity to explain the reasons for the short fall in the planting of the seedlings. Since the explanation submitted by the petitioner was not found to be satisfactory a charge sheet had been issued, under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, calling for an explanation from the writ petitioner. The petitioner had been asked to explain as to how the inadmissible expenditure of Rs.63,519/- had been incurred. The petitioner had received the charge sheet, dated 15. 1999, on 25. 1999. The petitioner had submitted his explanation, on 28. 1999. The explanation submitted by the petitioner had been examined and final orders had been passed by the Conservator of Forests, Vellore Circle, by his proceedings, dated 19. 1999, ordering the recovery of the amount of Rs.63,519/-from the petitioner, in one instalment, as he was due to retire from service, on 22. 2000.

4. The Principal Chief Conservator of Forests, Chennai, issued an order, dated 35. 2000, on the appeal, dated 111. 1999, preferred by the petitioner. The Principal Chief Conservator of Forests, Chennai, had cancelled the order passed by the Conservator of Forests, Vellore Circle, on 19. 1999, and had ordered for the re-issue of a fresh charge sheet, after getting the sanction of the Government, as per pension rule No.9(2) (c). When the appeal filed by the petitioner was under consideration by the Principal Chief Conservator of Forests, Chennai, the petitioner, who was a Ranger at that time had produced a declaration in a stamp paper, stating that he agrees for the recovery of Rs.1,55,228/-, being the expenditure incurred in the field operations, from his gratuity. Thereafter, he had retired from service, on 22. 2000, as ordered by the Principal Chief Conservator of Forests, Chennai, in his order, dated 12. 2000. After his retirement from service the amount due from the petitioner was to be recovered from his pensionary benefits and the pension proposals were sent to the Accountant General, Chennai. The Accountant General, Chennai, in his proceedings, dated 8. 2000, had sanctioned the pension and the gratuity of the petitioner, amounting to Rs.1,51,458/-. However, it was recovered from the gratuity and the balance amount had been paid to the petitioner, on 210. 2000.

5. After his retirement from service the petitioner had filed a petition before the Tamil Nadu Administrative Tribunal, Chennai, in O.A.No.401 of 2001. He had also obtained an order of interim stay against the proceedings of the Conservator of Forests, Vellore and the Principal Chief Conservator of Forests, Chennai. Thereafter, a draft charge sheet, under the relevant pension rules, had been prepared and submitted by the Principal