MOHAN DAS SONWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the communication dated 3.9.2011 (Annexure P/1) whereby it has been directed to recover a sum of Rs. 33,702/ - from the petitioner holding it to be excess payment made to him. Learned counsel appearing for the petitioner submits that the petitioner who was working on the post of Upper Teacher retired from service on 30.9.2011. Before retirement i.e. on 3.9.2011, the petitioner received a communication issued by the respondent authorities whereby it has been directed to recover a sum of Rs. 33,702/ - from the petitioner holding it to be excess payment made to him. Learned counsel further submits that the punitive order of recovery has been passed without affording an of hearing to the petitioner. Learned counsel also submits that the issue as to whether recovery of excess payment for no fault of the employee can be made without following the principals of natural justice is no longer res integra. The same has been settled by the Supreme Court in various decisions (See Syed Abdul Qadir and other Vs. State of Bihar and other, : (2009) 3 SCC 475). This Court, relying on the above decisions has passed several orders, directing refund of the amount, if any, recovered from the employees, where the employees were not given any opportunity to explain about the excess payment, if any, made to him.

(2.) ON the other hand, learned counsel appearing for the State while supporting the impugned action taken by the respondent authority submits that any amount paid/received without any authority of law can always be recovered. In support on his contention, learned counsel placed reliance upon the decision of the Supreme Court rendered in Chandi Prasad Uniyal and Ors. v. State of Uttarakhand and Ors., : 2012 AIR SCW 4742.

(3.) THERE is no quarrel on the point that no employee is entitled to retain the public money as a matter of right. However, recovery of payment, which is punitive in nature, cannot be passed without following the basic principles of natural justice. According to the learned counsel for the petitioner no notice has been given to the petitioner to put forward his case as to whether the amount was excess, as the decision was taken by the authorities ex parte, which is not permissible under the provisions of law.