LAWS(CHH)-2009-4-11

MAYARAM KURAL Vs. STATE OF CHHATTISGARH

Decided On April 21, 2009
MAYARAM KURAL Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 27. 02. 2006 whereby the respondent-authorities have directed to recover a sum of Rs. 41,031

(2.) BY this petition, the petitioner impugns the order dated 09. 02. 2005 (Annexure P/1) passed by the respondent No. 2 whereby it has been directed to deduct a sum of Rs. 26,297/- as excess payment made to the petitioner, from the pensionary benefits.

(3.) SHRI Tiwari, learned counsel appearing for the petitioner submits that the issue asto whether recovery of excess payment can be made without following principles of natural justice is no longer res integra, the same has been settled by the Supreme Court in the matter of Sahib Ram v. State of Haryana and others1, and further followed by this court in the matter of Vidyadhar Tiwari v. The State of chhattisgarh and Others and Vidya Shankar Tiwari v. State of m. P. (Now State of Chhattisgarh) and others and thereafter followed in several decisions. In the instant case, the impugned order has been passed without affording any opportunity of hearing to the petitioner.