MANISH JAISWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has preferred this writ petition, assailing the order dtd. 13/3/2019 (Annexure P-2) passed by the respondent No.4/Divisional Forest Officer, Shahdol.

(2.) Perusal of the order dtd. 13/3/2019 shows that the pay fixation of the petitioner was found to be erroneous and an amount of Rs.1,42,318.00 was directed to be deposited along with an interest by means of challan before 25/3/2019. In the event of failure to do so within the time prescribed, the amount along with interest shall be recovered from the monthly salary of the petitioner.

(3.) Learned counsel for the petitioner submits that the pay fixation was done for the period with effect from July 2009 to December 2015. The petitioner had no role to play in the aforesaid fixation and he never misrepresented before the respondent/department nor was any fraud played by the petitioner in any manner in the context of the getting pay fixation from the respondent/department. The petitioner is a Class-III employee working as Forest Guard in the respondent department. Besides the order in question, interest @ 12% per annum from June 2011 has been levied on the alleged recoverable amount, which according to the learned counsel for the petitioner is hit by doctrine of "Audi Alteram Partem". No notice was ever issued by the respondent No.4 before passing the order dtd. 11/3/2019. The petitioner was initially appointed as Forest Guard on probation, and on 18/8/2008 on completion of probation period, the petitioner was confirmed and since then he is holding Class-III post. No departmental enquiry was ever conducted against the petitioner nor was any misconduct alleged at any point of time.