R K SHRIVASTAVA Vs. STATE OF MP

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, the petitioner has challenged the order dated 8.6.2010, Annexure P -1.

(2.) SHRI Neeraj Shrivastava has confined his relief to the extent of challenging the order dated 8.6.2010. The petitioner was retired on attaining the age of superannuation on 30.11.2008 from the post of Accountant, a class -3 post. It is contended that after about two years from his retirement, on the basis of an audit objection, unilaterally recovery was directed to be made by the impugned order. No opportunity of any nature was afforded to the petitioner before passing the said order. He relied on the judgment of this Court in Writ Petition No.754/2005 (Harbhajan Lal Kushwaha vs. State of MP and ors.) and recent judgment of Supreme Court, [State of Punjab vs. Rafiq Masih (White Washer) etc, 2015 1 MPHT 130].

(3.) SHRI Newaskar, learned Deputy Government Advocate opposed the relief.