RAJKUMAR GONEKAR Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this petition is to the order dtd. 15/02/2021 (Annexure P/1) by which the permission has been granted to recover an amount of Rs.9.23 lakhs from the pension of the original petitioner namely; Rajkumar Gonekar (since deceased) by exercising power under Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, "the Rules of 1976").

(2.) Learned counsel appearing for the original petitioner would submit that initially the petitioner appointed on the post of Assistant Director on 29/03/1990. Thereafter the petitioner was promoted to the post of Deputy Director in the year 2000, however on the ground of certain corrections in the gradation list, he was demoted to the post of Assistant Director. Subsequently pursuance to the orders of the Court, the petitioner rendered his services on the post of Deputy Director and he retired from service on 31/01/2018 on attaining the age of superannuation.

(3.) According to the petitioner, during the service, a notice was issued to the petitioner alleging therein with regard to misappropriation, to which the petitioner submitted his reply and stated that he has not committed any misappropriation and he has acted in accordance with law however without appreciating the sad fact, after retirement of the petitioner on 13/12/2018 a show cause notice was issued to the petitioner and asked him to submit his response. Pursuant to the same, the petitioner submitted his response on 25/01/2019 and denied the allegations levelled against him. However, without appreciating the said facts in its true perspective, the order impugned has been passed granting permission to recover an amount of Rs.9.23 lakhs from the pension of the petitioner. He further submits that the impugned order has been passed in an illegal and arbitrary manner and that too without following the due process of law, hence, the same deserves to be quashed.