S.N.CHISHTI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of learned counsel appearing for the parties, the matter is heard finally.

(2.) Challenge in this petition is to the order dated 22.05.2012 (Annexure P/1), whereby, the petitioner has been directed to deposit a sum of Rs. 35,667/- holding it to be excess payment made to the petitioner during the course of his service.

(3.) Shri Prajapati, learned counsel for the petitioner submits that the punitive order of recovery has been passed without affording an opportunity of hearing to the petitioner. Shri Prajapati also submits that the issue asto whether recovery of excess payment for no fault of the employee can be made without following the principles 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 others vs. State of Bihar and others, 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 them.