LAWS(CHH)-2012-3-67

PEER MOHAMMAD KHAN Vs. STATE OF C.G

Decided On March 21, 2012
Peer Mohammad Khan Appellant
V/S
State Of C.G Respondents

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 13/16.06.2011, passed by the respondent No.3 i.e. Van Mandaladhikari, Raigarh, Van Mandal, Gharghoda, District Raigarh.

(2.) THE facts, in nutshell, as projected by the petitioner is that the petitioner working as Vanpaal, retired on 30.04.2005. Thereafter, the order dated 17.10.2008 to recover a sum of Rs. 1,32,874.00 was passed with a condition that unless the said amount is deposited, the case of the pension of the petitioner would not be settled. Being aggrieved, the petitioner preferred a writ petition being W.P.(S) No.6857/2006, challenging the validity of the order dated 17.10.2008. This Court, after hearing all the parties, by order dated 26.02.2010, allowed the petition holding as under:

(3.) LEARNED counsel appearing for the State submits that proper enquiry was held, though a show cause notice was not issued. However, the petitioner was given an opportunity to appear before the authority and thereafter, the impugned order dated 13/16.06.2011 was passed.