AJAY KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Grievance of the petitioner is that the petitioner was served with a recovery notice dated 13.11.2018 whereby a recovery has been sought for the period from 2006 and the recovery order Annexure P-2 dated 19.09.2019 has been issued whereby recovery of Rs.1,30,036/- has been sought to be recovered.

(2.) Learned counsel for the petitioner would submit that the entire order has been passed at the back of the petitioner without giving any opportunity of hearing. He further referred to case of State of Punjab and others Vs. Rafiq Masih (White Washer) reported in 2015 AIR SCW 501 wherein the Supreme Court has given the guideline and categorically has stated that recovery on excess payment if it even has been made to the employee it cannot be made in excess of five years before the order of recovery is issued. It is stated that in such case the recovery from 01/01/2006 to 01/07/2018 cannot be issued and even the application of the law to recover the past five years from 2019 opportunity of hearing has to be given.

(3.) Learned State counsel opposes the argument.