JHANGLURAM KHUNTE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioners would assail the order passed by the CEO, Janpad Panchayat, Malkharoda, District Janjgir-Champa, whereby excess payment of pay scale made to the petitioners from November, 2011 to April, 2013 is sought to be recovered without issuing any show cause notice or giving any opportunity of hearing.

(2.) It is settled law that an order having civil consequences should not be passed without providing opportunity of hearing to the affected person, therefore, the writ petitions are disposed of with direction that the Janpad Panchayat, Malkharoda shall issue show cause notice to the petitioners as to on which count or reason the particular pay scale allowed in petitioners' favour is liable to be recovered. After submission of reply by the petitioners, the Janpad Panchayat, Malkharoda shall pass a reasoned order. Let entire exercise be completed within a period of 4 months from today.

(3.) Till fresh order is passed by the Janpad Panchayat, Malkharoda after following the above stated procedure, the impugned order shall not be given effect to.