^§^i ^" a2i'^s^ INTHE HON'BLE HIGH COURT OF CHHATTISGARHAT BILASPUR (C.G.) W.P.(SlNo........................2010 ~-fl-i6?> PETITIONER ^;'^:;A- A^^'^ ,^^^<^>:" ^^•y' ^•"'^"./- ^y^" ^'" ^ ^ Versus Bhaiyalal Pandey, agedee-66 years S/o Shri Radhika Prasad, Retd. Compounder, Pratham Wahini Chh.S.Bal, Bhilai Chikitsalaya, R/o Satnami Para, Near Masjid, Titurdih, P.0. Mohan nagar, Durg, Distt. Durg (C.G.) RESPONDENTS -' (1) The State Govt. of Chhattisgarh Through - The Secretary, Home Department, D.K.S. Bhawan, Raipur(C.G.) (2) Divisional Joint Director, Kosh, Lekha and Pension, RaipurC.G. (3) Senani, Pratham Wahini ChhSBal, Bhilai, Distt. Durg C.G. Writ petition underArticle 226/227 ofthe Constitution of India for issuance of mandamus of writ/direction or any other aDDropriate writ ^., OF WR!T (Sl N0. 7488 OF Petitloner Respondents Versus Bhaiyaiai Pandey The State Goyt. of Chhattisgarh & Others WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF JNDIA (SB: MT. K. Agnlhotri, J.) Present:- Shri Ajay Shrivastava, Advocate for the petitioner. Shri'Sushil Dubey, Government Advocatefor the State. (Passed on this 25tn day of February, 2011) 1. The case of Jearned counsel appearing for the petitioner is that the C-ommandant, 1st Battaiion GSF, Bhilal, had passed the Impugned order 15.9.2010 (Annexure P-9) directing recovery of Rs.7,096/- wlthout affordlng an opportunity of hearing to the petitioner, ss it is weii settied that if an order; visiting with punishment or civii consequences, is passed, an opportunlty of hearing is must. 2. Learned counsei appearing for the State/ respondents submits that the respondent authorities may be granted ilberty to issue notice and after affordlng an opportunity of hearing to the petitioner, pass the order, in accordance wlth taw. 3. in vlew of foregoing, the order dated 15.9.2010 (Annexure P-1) is quashed. However, liberty Is reserved to the State/respondents to take a.ppropriate action, in accordance with !aw, if so advised. Sd/- Satish K. Agnihotri Judge ashok