RATURAM BHAGAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks quashment of the order Annexure P-3, whereby a sum of Rs.1,32,387/-has been recovered from him, as the same was found to be paid in excess to him, then for what he was entitled. The amount was not paid to the petitioner in one go, but the same was paid to him on and from 19.04.1999 to 31.05.2016 on account of wrong fixation of his pay-scale. Thus, the petitioner was paid a very small amount per month, which got accumulated to reach up to the figure of Rs.1,32,387on the date when the show-cause notice was issued to him for recovery of that amount.

(2.) The petitioner retired as Headmaster from the Government Primary School Mudapara, Block Patthalgaon on 31.05.2016. The recovery was made from him after his retirement.

(3.) Relying on the judgment of Supreme Court in Sahib Ram vs. State of Haryana and others (1) SCC 18 22006, which has been followed by this court in the matter of Vidyadhar Tiwari vs. The State of Chhattisgarh and others(2) MPHT 105 32010 , and Ramchandra Kurup Vs. State of C.G. and others (3) CGLJ 400 42012, 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 misrepresentation.