B C RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally.

(2.) Challenge in this petition is to the order dated 12-3-2003 (Annexure P-l), whereby recovery of special pay to the tune of Rs. 250/- w.e.f. 1-1-1996 has been directed to be recovered from the pay of the petitioner.

(3.) Learned Counsel appearing for the petitioner submits that the petitioner was not given any opportunity to explain about the payment made to the petitioner. Thus, this order is vitiated for want of compliance of the principles of natural justice and fair play in action. Learned Counsel further submits that there is no fault on the part of the petitioner ad the amount is paid to him in accordance with the order passed by the respondent/authority. No reason has been assigned as to on which count the special pay granted to the petitioner has been withdrawn and recovery of the same is directed. The respondents cannot recover the amount, already paid to the petitioner without following the principles of natural justice.