B. M. YAGIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The substantive challenge in the present Writ Petition is to Annexure P-10, dtd. 17/10/2016, whereby the Respondents have issued an order of recovery against the Petitioner to the tune of Rs.2,67,750.00.

(2.) The challenge primarily is on the ground that the impugned Order (Annexure P-10) is per se in violation of the Chhattisgarh Civil Services (Pension) Rules, 1976 which do not empower the Disciplinary Authority to issue recovery orders after the retirement of the government employee.

(3.) The facts relevant for the disposal of the present Writ Petition are that the Petitioner was working under the Respondent - Public Works Department as an Assistant Engineer and he stood retired from service with effect from 31/12/2009. That, even on the date of retirement or on earlier occasion, there was no charge-sheet issued or show-cause-notice issued or was pending consideration. Neither was there any order of recovery nor any proceeding pending against the Petitioner in respect of the pecuniary loss caused to the Respondents. The Petitioner was not paid the retiral dues for a considerable period of time, except for the releasing of anticipatory pension of 90%. This has led to the filing of the present Writ Petition.