Writ petition challenging recovery from salary was disposed of as the underlying recovery proceedings were closed after the amount was reduced and deposited during the petition's pendency.
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W.P.(C) No. 1045 OF 2004
Heard Mr. C.A. Rao, learned Senior Counsel appearing along with Mr. S.Behera, learned counsel for opposite party no.1, and perused the record.
The petitioner has filed this writ petition to quash order dated 04.11.2003 passed by the Divisional Manager, Keonjhar (C) Division in Annexure-4, by which direction has been given to recover from the salary of the petitioner, who was working as Field Assistant, Rs.12,760.30 paise from the month of December, 2003 in 13 (thirteen) consecutive instalments @ Rs.1000/- per month and last being Rs.760.30. This Court passed an interim order on 23.02.2004 in misc. case no. 1112 of 2004 that no recovery shall be made from the salary of the petitioner for the period of two months, which was extended from time to time.
Mr. C.A. Rao, learned Senior Counsel appearing for opposite party no.1 brings to the notice of this Court that during pendency of the writ petition, the petitioner preferred appeal before the authority concerned, who, after hearing and giving due opportunity, modified the order under Annexure-4 and reduced the amount of Rs.12,760.30 paise to
Rs.3,346/-, which the petitioner has already deposited, and consequentially the proceeding has been closed.
In view of the above, the relief sought to be adjudicated in the present writ petition does not survive. Accordingly, the writ petition stands disposed of.
GDS
…………….………..…… (DR. B.R. SARANGI) JUDGE
Petitioner (unnamed)
Divisional Manager, Keonjhar (C) Division
B.R. Sarangi
As recorded by the court registry
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