^ HIGH COURT OF CHHATTISGARH AT BILASPUR WMT PETITION(S) No. 2546 PETITIONER RESPONDENTS R.L.Pede S/o. L.R.Pede, aged about : 62 years, R/o. Tatibandli, Raipiu- District Raipur (C.G.) VERSUS : . ' -' : 1. State of Chhattisgarh, through: Secretary, Department of Mming Geology, D.K.S. Bhawan, Raipur, District Raipur(C.G.) 2. Director, Muiiiig aiid Geology, Chhattisgarh, Raipur(C.G.) 3. Regional Head, Directorate of Miaing and Geology, Regional Office, Bilaspur, Distriet - Bilaspur(C.G.) 4. The Joint Director, Treasury and Accounts, Bilaspur(C.G.) WRTT PETmON UNDER ARTICLE 226 OF THE CONSTtTUTION OF DWIA SB: Hon'ble Shri Satish K. Aemhotri. J. Present: ShriManoj Paranjpe, A(^ocate for thepetitioner. Sliri Ajay Dwivedi, Deputy Govermiient Advocate forthe State. ^.- ORALORDER . •'^, •:-:[.:—-s':• •- (Passedon05nlday-ofMay,2008) . 1. With 1fae consent ofthe parties, the matter is taken up for'hearing finally. : ; 2. Leamed counsel appearing for the petitioner submits that the order dated 20* March, 2008 (Annexura P/4), 3 Januaiy, 2008 (Aimexure P/5) and 4 'Fehruary 2008' (Anaexure P/6) were..!^ue3 by the- respondents to make recovery of alleged excess payment made by the State. Leamed counsel fiirther submits that before passinglhe impugned orders, no opportunity ofhearing was afiforded tbthe petitioner. This is contrary to the judicial pronouncements made by die Supreiae Court m ——t ^». Amit 4. thematter ofSahibRam fermav. State ofHaryand and others axA'by this Court in the matter of Vidyadhar Tiwari v. The State.of Chhattisgarh and others^, Shri Paranjpe farther submits that the impugied orders tnay be quashed wilh liberty to the respondents to afford opportunity of hearing to the petitioner before issuing anyorder for recovery ofthe alleged excess payment. Shri Dwivedi, leamed Deputy Govemment Advocate submits that it is well settled fkat no order which is punitive in nature and visits wifh civiVevil consequences may be passed without following the principles ofnaturaljustice. In view ofthe foregpmg, this petition is allowed. The impugped orders dated 20th March, 2008 (Amexure P/'4), 3rd January, 2008 (Annexure P/5) and 4 Febmary 2008 (Aimexure P/6) are quashed. HQwever, it is open to the State Goverament to pass apgFQpriate order after affording opportunity of heariag to the petitioner in accordance vvith law, after followmg basic prmciples Qfriaturaljustice. No order asto costs. ./ . Sd/- . . , [ /' SarishK.Agnihom ;—..s;d::l:Judge:- __; I1995Supp(l)SCC20 2 20'06 (1) MPHT lOS^CG) ..ijjj