BHUNESHWAR PRASAD NAMDEO Vs. STATE GOVT OF CHHATTISGARH

JUDGEMENT

(1.) WITH the consent of the parties, the matter is heard finally.

(2.) BY this petition, the petitioner has prayed for a suitable writ or direction to quash the order dated 10. 12. 2004 (Annexure P/1) passed by the respondent No. 2 directing for recovery of a sum of Rs. 65,415/- from the retiral dues of the petitioner, because this amount was wrongly paid to the petitioner owing to incorrect fixation of salary.

(3.) SHRI Verma, 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 others, 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. In the instant case, the impugned order has been passed without affording any opportunity of hearing to the petitioner.