JUDGMENT :

B.R.SARANGI, J.

The petitioner, who was working as sectional supervisor under the Orissa Forest Development Corporation Limited and after rendering 35 years of service took retirement on exercising option under the VRS Scheme on 28.02.2007, has filed this writ application seeking for following reliefs:

“In the facts and circumstances of the case it is prayed that this Hon’ble Court be kind enough to issue a rule nisi calling upon the O.Ps. to show cause as to why the deduction of Rs.1,41,557/-from the V.R.S. dues of the petitioner as per Annexure-5, and the recommendations of the triangular committee for such deduction as per Annexure-4 shall not be quashed and why the O.Ps. shall not be directed to release the said deducted amount to the petitioner forthwith.

And if the O.Ps. show no cause or show insufficient cause this Hon’ble Court be kind enough to make the rule absolute and pass such other order/orders as may be deemed fit and proper.”

2. The factual matrix of the case is that after retirement on VRS the petitioner received a letter/notice dated 20.07.2007 (Annexure-1) issued by opposite party no.2 calling upon him to show cause as to why the amount found to be recoverable on review of the internal audit paras shall not be recovered from his VRS dues. The deduction sought to be made, as shown in Annexure-1, relates to shortages in sawn firewood out turn after sawing of timbers in Cuttack Saw Mill of the opposite party corporation during the year 1991-92, 1996-97, 1997-98 and 1998-99 to the tune of Rs.2,62,703.61. On receipt of such notice dated 20.07.2007, the petitioner submitted his reply on 28.07.2007 (Annexure-2) pointing out that as a matter of fact monthly basis reports were used to be submitted on the actual production of sawn sizes, sawn firewood, etc., but never any shrinkage or shortage was pointed out by any higher authority. The petitioner explained each of the internal audit report paras to show that the proposed recovery after so many years was unjustified and without any substance and claimed that he may be exonerated from deduction of any amount from his VRS dues.

3. On submission of reply by the petitioner, opposite party no.1 called for further clarification on the audit objections from opposite party no.2. On 17.12.2007, opposite party no.2, on verification of materials pertaining to the shortages, vide Annexure-3 suggested to drop the main allegations of shortages relating to item nos.4, 5 and 6 contained in Annexure-1. After submission clarifications and suggestions of opposite party no.2 in Annexure-3, a triangular committee deliberated over the matter in its meeting dated 31.01.2008 and vide its minutes (Annexure-4) recommended for recovery/deduction of total amount of Rs.1,41,557.00 from the petitioner on the basis of the letter/notice under Annexure-1. As per the recommendation of the triangular committee, an amount of Rs.1,41,557.00 was deducted from VRS dues of the petitioner. Thereby, from VRS dues of Rs.2,69,900.00 after deducting the aforesaid amount of Rs.1,41,557.00, the balance amount of Rs.1,28,343.00 has been paid. On receipt of the said amount, the petitioner preferred appeal on 19.05.2008 before opposite party no.1 for re-consideration of the matter. But, the same was rejected by opposite party no.1 vide his letter dated 19.07.2008 (Annexure-7). Hence, this writ application.

4. Mr. B.P. Das, learned counsel for the petitioner stated that the petitioner, who was working as sectional supervisor under the Orissa Forest Development Corporation Limited submitted his application for V.R.S. which had been considered by the authority and permitted to avail such benefit w.e.f. 28.02.2007. While paying the V.R.S. dues, a substantial amount of Rs.1,41,557/-has been deducted on the basis of an internal audit paras without initiating any proceeding determining the liability as contemplated under the provisions of Orissa Forest Development Corporation Service Rules, 1986 (hereinafter referred t