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TMI Blog2020 (5) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... In any department, recovery and adjustment of Government dues can be made if the government servant does not clear the Government dues and such dues are ascertainable. Ascertainable Government dues have been defined in Explanation to Rule 65, which includes balance of housing, building or convenience advance, arrears of rent and other charges pertaining to occupation of Government accommodation, over payment of pay and allowances and arrears of income tax deductible at source under Income Tax Act, 1961. There is no mention of any punishment imposed upon the petitioner after conducting a departmental enquiry neither it has been stated by the respondents that dues are ascertainable Government dues. In absence of same respondents cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. 2. Respondent has filed the reply and stated that petitioner has started projects of which no sanction was given by the State Government and he had made payment from the funds to the contractor which was disallowed by the State Government, therefore, such funds were entered in miscellaneous advances in the name of petitioner. Petitioner has to pay an amount of ₹ 30,44,947/- to the State Government. By his negligence, petitioner had caused loss to the Government Treasury and, therefore, his pensionary benefits has been withheld. Along with the reply, respondents have filed the documents showing the heads under which various money has been entered in miscellaneous advances in the account of petitioner. For Agreement No. 16/DL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on has been provided in Rules 9, 64 and 65. In the case of petitioner, no departmental enquiry was conducted neither petitioner was held to be guilty for causing any loss to the State Government. In any department, recovery and adjustment of Government dues can be made if the government servant does not clear the Government dues and such dues are ascertainable. Ascertainable Government dues have been defined in Explanation to Rule 65, which includes balance of housing, building or convenience advance, arrears of rent and other charges pertaining to occupation of Government accommodation, over payment of pay and allowances and arrears of income tax deductible at source under Income Tax Act, 1961. 4. On going through the reply, it has b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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