KRISHNA KUMAR GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition has been filed challenging Annexure P -1 dated 20.5.2004, wherein the respondents have ordered an amount of Rs.41,426/ - to be recovered from the petitioner on account of certain excess payment made to him by the Department while he was in service.

(2.) Counsel for the petitioner submits that the petitioner had retired from service on attaining the age of superannuation i.e. on 31.7.2003 from the post of 'Head Clerk' under the respondents and subsequent to his retirement, his retrial dues have also been settled and suddenly, vide the impugned order, a notice of recovery of Rs.41,426 has been issued directing the petitioner to make the payment to the respondents. He further submits that it is not a case where the said alleged excess amount paid to the petitioner has been obtained by any misrepresentation or fraud played by the petitioner and that if at all the said amount has been received by the petitioner, the same was on account of the error on the part of the respondents and for which the petitioner, much after his retirement now, cannot be penalized by issuing the said order of recovery. He further submits that the said issue is also squarely covered by a decision of this Court in the case of Chandramani Dubey Vs. State of Chattisgarh and Ors passed in W.P.(S) No.6664 of 2014 dated 18.3.2015.

(3.) State counsel, opposing the writ petition submits that it is a case where the respondents, subsequent to the retirement of the petitioner came to know the while he was on deputation, was by mistake paid certain excess amount which otherwise the petitioner was not entitled as per the rule and therefore, the order of recovery issued by the respondents is justified and is in accordance with the Rules.