HARISHANKAR SHRIVASTAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the order Annexure P/1 dated 01.03.2019, whereby the department has ordered for recovery of an amount of Rs. 16,474/- from the salary payable to the petitioner. The said amount ordered to be recovered was on account of certain allowances which has been wrongly paid to the petitioner during the period March, 2013 to July, 2013.

(2.) The contention of the petitioner is that during the period March, 2013 to July, 2013, the petitioner was working as a Subedar at Police Training School, Rajnandgaon. Since the said area was a naxalite area, then the department released naxalite allowance payable to the police personnels working in the Police Training School, Rajnandgaon. Petitioner in the course of receipt of certain naxalite allowances during the period March, 2013 to July, 2013 got Rs. 16,474/-. After more than six years of the said payment being made to the petitioner, the department have now issued an impugned order dated 01/03/2019 ordering for recovery and the said amount in the light of the decision taken by the Superintendent of Police, Rajnandgaon dated 07/09/2018 whereby it has been held that the police personnels posted at the Police Training School, Rajnandgaon would not be entitled for naxalite allowance. It is this order of recovery which is under challenge in the present writ petition. Further Contention of the petitioner is that the petitioner is a Class-III low paid employee and the recovery having been made more than 5 years prior to the recovery order being passed, the same becomes impermissible under law and the order of recovery thus deserves to be quashed. Counsel for the petitioner further submits that there is no misrepresentation or fraud played by the petitioner for obtaining the said naxalite allowances.

(3.) Counsel for the petitioner relied upon the judgment of the Supreme Court in the case of "State of Punjab and others etc. vs. Rafiq Masih (White Washer) etc." reported in 2015 AIR SCW 501 prays for quashment of the impugned order.