KHORBAHRA PRASAD KAUSHIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present Writ Petition is to the order of recovery issued by the Superintendent of Police, Bilaspur to the tune of Rs. 70,835/- which was recovered from the retiral dues payable to the petitioner on the date of his retirement i.e. on 30/06/2003.

(2.) The facts of the case in brief is that, the petitioner retired from the post of ASI from the Police Department in the State of Chhattisgarh with effect from 30/06/2003. During the course of settlement of his retiral dues, the State Government detected that the petitioner has been wrongly paid certain increments which he was not otherwise entitled for. Based on the said detection of certain erroneous payment made to the petitioner, the respondents initiated steps and recovered an amount of Rs. 70,835/- from the retiral dues payable to the petitioner and paid the balance amount to the petitioner.

(3.) Though, the petitioner initially did not challenge the said action of the State Government so far as the recovery is concerned, but the petitioner subsequently filed a Writ Petition in the year 2015 whereby he has challenged the said action of recovery holding it to be bad in law.