BEDURAM SAHU Vs. STATE OF CHHATTISGARH & ORS.

JUDGEMENT

(1.) WITH the consent of learned counsel appearing for the parties, the petition is heard finally.

(2.) BY this petition, the petitioner impugns the order dated 5 -3 -2009 (Annexure -P/4) on the ground that an amount of Rs. 37,374/ - has been directed to be recovered form the retiral dues of the petitioner. The indisputable facts, in brief, are that the petitioner working as Head Master in the Government Middle School, Boida (Pali), Block Pali, District Korba, retired from his service on attaining the age of superannuation on 14 -3 -2006. Thereafter, a notice dated 22 -9 -2008 (Annexure -P/2) was issued to the petitioner to produce all the documents with regards to payments made to him for settlement of pensionary dues. Pursuant to the said notice, the petitioner submitted his reply on 29 -9 -2008 (Annexure -P/3). However, all of a sudden without assigning any reason, the impugned order dated 5 -3 -2009 (Annexure -P/4) was passed holding that the excess payment to the tune of Rs. 37,374/ - has been made to the petitioner and no retiral dues could be released unless the petitioner deposits a sum of Rs. 37,374/ - Thus, this petition.

(3.) LEARNED counsel appearing for the petitioner submits that the issue as to whether recovery of excess payment for no fault of the employee can be made without following principles of natural justice is no longer res Integra, the same has been settled by Supreme Court in the matter of Sahib Ram v. State of Haryana and others 1995 Supp (1) SCC 20 and further followed by this Court in the matter of Vidyadhar Tiwari (Supra). In the instant case, the impugned order has been passed without affording any opportunity of hearing to the petitioner.