Retirement benefits cannot be withheld without a disciplinary finding of misconduct; the Forest Department Code does not authorize recovery from a retired employee's benefits without established liability.

JUDGMENT :

SANJEEB K. PANIGRAHI, J.

1. The petitioner in the present case seeks a declaration that the impugned letter dated 18th August, 2018 is illegal and arbitrary, and a consequential direction to Opposite Party No.5 to adjust the outstanding amount of Rs.1,64,222/-, comprising Rs.1,60,000/- towards Forest Advance and Rs.4,222/- towards Labour Cess, in the ledger account of the petitioner, since the petitioner has retired from Government service as Assistant Conservator of Forests on superannuation with effect from 31.08.2018, without any remark at any point of time throughout his service career.

I. FACTUAL MATRIX OF THE CASE:

2. Succinctly put, the facts of the case as narrated by the petitioner are as follows:

(i) While the petitioner was working as Forest Range Officer (K.L.), Baliguda under Phulbani (K.L.) Division, the then Forester, Sri Durga Madhab Padhy, a Government employee working under the petitioner, received Forest Advance of Rs.1,60,000/- in April, 2008 for Government forest works such as bush cutting and repair and maintenance of phadees, in accordance with the applicable rules, after signing Form-51 prescribed under the Forest Code.

(ii) Under the Forest Code, the Forester was required to submit payment vouchers within the prescribed time. However, he failed to do so despite memos and reminders issued by the petitioner. The petitioner accordingly intimated the matter to the competent authority, namely Opposite Party No.5. Thereafter, Opposite Party No.5 issued a memorandum dated 13.05.2008 directing the Forester to submit all payment vouchers and muster rolls.

(iii) As the Forester ignored the aforesaid directions and failed to submit the payment vouchers, the Government placed him under suspension with effect from 23.05.2008, vide Memo No.74 dated 28.05.2008. The Forest Advance pertained to the month of April, 2008 and the suspension was ordered upon intimation by the petitioner regarding the said default.

(iv) Thereafter, a departmental proceeding was initiated against the Forester vide Office Order No.172 dated 30.11.2011. The Enquiry Officer conducted the enquiry and submitted a report recording findings relating to the Forest Advance drawn by the Forester.

(v) On 01.03.2013, the petitioner deposited a sum of Rs.4,222/- with the State Bank of India, Baliguda towards Labour Cess by way of bank draft in favour of the Chief Executive Officer, Odisha Building and Construction Workers’ Welfare Board, Bhubaneswar, which was forwarded to the District Labour Officer, Phulbani. The said transaction was reflected in the P.L. Account of the petitioner and was intimated to Opposite Party No.5 on 10.06.2013.

(vi) The petitioner was thereafter transferred on promotion with effect from 28.02.2015 and subsequently retired from Government service as Assistant Conservator of Forests on superannuation with effect from 31.08.2018.

(vii) After his retirement, the amounts of Rs.1,60,000/- and Rs.4,222/- were withheld from the petitioner’s General Provident Fund.

(viii) Aggrieved by the withholding of the aforesaid amounts, the petitioner has filed the present writ petition.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER:

3. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions:

(i) The petitioner contended that the disbursement of Rs.1,60,000/- as Forest Advance to the Forester, a Government employee, and the payment of Rs.4,222/- towards Labour Cess by way of bank draft forwarded to the District Labour Officer were transparent transactions and did not involve any concealment. It was submitted that the petitioner