DILIP KUMAR LAHARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the order Annexure P/1 dated 16.05.2017 whereby the respondents have ordered for recovery of Rs. 70,625/- on account of certain excess payment that has been paid to the petitioner.

(2.) The contention of the counsel for the petitioner is that the said excess amount has been paid because of the alleged wrong fixation of pay given by the respondents w.e.f. July, 2006 onwards. According to him, it is not the case of the respondents that the said excess payment has been made on account of any false representation made by the petitioner or for which the petitioner had been instrumental. Counsel for the petitioner submits that the said recovery is also bad in law for the reason that such recovery has been held impermissible under law in the light of the judgment of the Hon'ble Supreme Court in the case of State of Punjab and others etc. vs. Rafiq Masih (White Washer) etc. reported in 2015 AIR SCW 501. He further submits that before issuance of the said order of recovery, the respondents had not provided any opportunity of hearing to the petitioner.

(3.) State counsel, however, opposing the petition submits that it is a case where admittedly the petitioner has been paid something extra which otherwise he was not entitled for. According to the respondents, immediately on the respondents detecting the excess payment made to the petitioner, they have issued the order of recovery. Since the petitioner is still in service, they have ordered for recovering the said amount on easy installments and as such the same cannot be held to be bad in law and impermissible.