Suit for recovery of money from State Government
My father worked as Deputy Director of Stationery in erst while A.P. Govt. in 1989 while he was I/C Asst. Director in vijayawada branch because of the riots regarding Vangaveeti Mohana Ranga's murder, various Govt. Offices were destroyed. During that period My father sanctioned Addl. stationery material to some of the offices which were destroyed.The Head of the Dept. initiated an enuiry stating that my father's action i.e without getting a proper sanction from the Govt. issuing excess stationery to some Govt. offices is an misappropriation. mean while my father retired in the year 1995 with provisional pension, he expired in the year 2007 without getting his pensionery benifits. After my father's death my mother died in the year 2012 with out getting her family pension. In January 2014 We got the remaining portion of my father's service pension, and my mothers family pension after recovering the misappropriated amount of Approximately Rs.55,464/- With interest from the year April 1989 to June 2012 of Rs.1,08,690 totalling to an amount of Rs. 1,65,263.
Now as my father supplied the stationery to other departments of the Govt only it is not a misappropriation. If the Govt thinks taat this is mis appropriation my father should get the amount from the Govt. Departments which were benifited.
Asked in Civil Law from Hyderabad, Andhra Pradesh
You are advised to issue legal notice to the concerned deparmtment, if they not comply with the notice file a WRIT petition before High Court. Your case is fit for WRIT. The civil remedy has barred limitation.
1) issue legal notice to Govt for recovery of Rs 55,464 wrongly deducted by the govt . since govt offices were destroyed your father had sanctioned additional stationery which was used in govt offices . there is no misappropriation of govt funds .
2) file writ petition challenging the wrongful recovery of rs 55,464 made by the Govt and seek refund with interest
first of all send a legal notice against the department and after completion of 60 days you may file a recovery suit on behalf of your father as his legal heirs.
filing a writ petition before High Court is also another remedy available to you.
Advocate, New Delhi
1. Was a charge sheet supplied to your father for the act of alleged misappropriation committed by him? If yes, did he file his reply? Without a charge sheet being drawn up no disciplinary action could not have been taken against him.
2. Lack of proper sanction cannot by any stretch of the imagination be equated with misappropriation. To show that the amount was misappropriated there has to be proof of money being diverted from the state exchequer to personal account.
3. When the amount was never misappropriated there could not have been a set-off against the pension.
4. The only remedy available to you is to move the High Court against the government as the legal remedy in the civil court has been foreclosed due to the elapse of time.
1. you should file writ in high court and challenge the legality and delayed proceeding in deciding of your father's case.
2. sanctioning more stationary to another government department does not amount to be the offence of misappropriation of property because in doing so your father did not get payment, no additional benefits or got improved his financial condition because it was not a sale.
3. when more stationary was sanctioned then additional stationary should be kept in custody and interdepartmental inquiry should be initiated against your father after service show cause notice and giving enough time to reply.
4. initiate criminal case without giving an opportunity to explain is against the procedure established by law.
5. legality of proceeding should be challenged in high court.
1. So, what do you want now?
2. You can claim back the deducted amount with compensation and interest challenging the decision of the Govt.,
3. File a Writ Petition before the High Court claiming the said amount with interest, damage and cost,
4. It is to be noted that the claim amount is not much and the legal cost to be incurred for getting the said amount will not justify any legal action.
issue 2 months legal notice to concerned department to pay said amount with interest and damages failing which u can file recovery suit in civil court.
Advocate, New Delhi
1. you may file writ petition in the high court claiming the amount mentioned therein with interest which is wrongly recovered.
2. it reveals no misappropriation of fund since your father issued extra stationary after riot which was used in the office .