RAGHUNANDAN SINGH CHANDEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner has preferred this writ petition seeking quashment of the order dated 25.06.2010 (Annexure P-1), whereby an amount of Rs.38,767/- has been recovered from the petitioner, after his retirement.

(2.) Petitioner was working as NMS. He retired on 30/06/2009. By the impugned order, the amount of Rs.38,767/- has been recovered from the petitioner after his retirement.

(3.) Relying on the judgment of Supreme Court in the matter of Sahib Ram Vs. State of Haryana and others, 1995 Supp (1) SCC 18 which has been followed by this court in the matter of Vidyadhar Tiwari Vs. The State of Chhattisgarh and others, 2006 (1) MPHT 105 and Ramchandra Kurup Vs. State of C.G. and others, 2010 (3) CGLJ 400, learned counsel for the petitioner would submit that recovery of excess payment cannot be made without giving any opportunity of hearing to the petitioner when payment has not been obtained by him by committing fraud or mis- representation.