OD IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT‘BILASPUR w.P.(s.)N0. {316’ /2009*$mg§@ Emgh Ram Shiromani Sharma S/ o Sri Baijnath Shanna, Aged about ()5 years, Retired Deputy Forest- Rarlger, R/O Patei COlony Dhara'mjaigarh District—Raigarh {C. G.) PETITIONER: VERSUS V. RESPONDENTS «L m RECEiVEDr-CQPV ) r V t z. 7$mag7lM/Z[ff W.) a Ms“ ShamiEa $mghai Assasmmnarseneral oflndla l a The State of Chhattjsgarh Through the Secretaly, Forest Department DKS Bhawan Raipur 2. (C.G.) TR: ChhqJ—MS‘W md’wmwkMPMW Qwaw Dfsm,’ L ‘ QaJPup 3. Van Mandladhikari G 0’) L Van Mandal Raigarh (C.G.) bayg¢9 \9\@f‘w ”“53WRIT PETITION UNDER ARTICLE 226 OF THE x0 P“ o‘e‘g‘ CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN‘ NATURE OF MANDAMUS CERTIORARY OR ANY m 1"“ Y 1 nnw wmn ’nfr‘ UII-IILK WKII Ur Luna IVAI UKII blb. H!GH COURT OF C§4HATTHSGH AT BILASPUR (Hon. Mr. Justiae Pritinksr D§waker§ Writ Petitian (S) Na.197$ of 213% Ram Shiroman‘i Sharma PE'§’W§0NER VERSUS RE$PQNDENT$ The Siate of C‘G. & others. S‘nri DR. Patei, counse! far the petitioner. Shn' Pravin Des GA for the respondents /State. Ms. SharmHa Singhai counsei for respondent No.2. WRIT PETETION UNDER ARTICLE 2261227 OF THE CONS‘HTU'HON @F ENQIA 0 R 3 E R {&2.99n2€m$) Wi‘ih {he consent of the counsei for the pariies‘ the marter rs heard r’maiiy. 2. in the instant petiiion the petitioner is seeking the foiiowing reiief{s): "?‘0(i) Thai it is therefore prayed mat this Hon’bie Coun‘ may kindly be pleased to Gail for the enrire records of the pefii‘ioner case. (if) Thar if is fherefore, prayed ihat this Hon’oie Court may kindfy be pleased to sef— aside/quashed the order dated 27. 3’0.2006 and further kindiy be directed the ordervfo {he respondents f0 nor deduct the amouni‘ of Rs. Y 45,332/— from ihe petifioner. /\ , (iii) Thar iz‘ is therefore prayed that this / Hon‘be’e Cow? maikindly be pieased re direor r the respondenrs fo pay recovered amoum‘ wiz‘h 5% inferesr 3‘0 i‘he petitioner. (iv) Any other relief, which may be deemed, fit by this Hon’ie Coun‘ just and proper in he facts and ccumsfa‘es 0f the case may afso e provied in fax/or 0f z‘he petftioaer.” 3. Brief facts of the case are that the petmoner was an' empbyee of Forest Department who retired from the post of Deputy Forest Ranger on 31.5.2063. By the order impugned dated 27.1G.2DG6 recovery of Rs. 45,332— to be effected from the petitioner has bee ordered by respondent No.1. 4. Contetion of the petitioner i that the order impuned regarding recovery has be passed ithout giving any opportunity of hearing to th petitioner and wihout dieciosing the fact as to on what basis the recovery is sought to b made. He pieced reiiance on the decisions of the Supreme Court in the matter of ‘ in the matter of in these two decisions it has been heid by the upreme Court that if the excess payment is made due to the wrong construction of reiant order by the authority concerned without any misrepresentation on the part of the empioyee, no recovery can be made from the employee and if recovery is already made, it is iiabie to be restrained. 5. Counsei for the respondents/State submits that state has every right to recover the excess payment made to its empioyees and therefore the order impugned is just and proper. 6. Heard counsei for the parties and perused the materiai avaiiabie on record and the judgments of the Supreme Court cited above. T. I 7. " in View of above factuai scenario and the iaw iaid down by the Apex Court, the instant petition deserves to succeed and the order i 1995 Supp. (i) SCC 18 2» (2006) ‘11 sec 492 \\ ’ b t irné b d a n n e g en w e t e Sahib Ram Vs. State of Haryana & others & Purshottam Lat Das & others Vs. State of Bihar 8: others? S ev impugned dated 27.10.2006 (Annexure‘ P—2) regarding recovery of Rs. 45,332/— is iiable to be set aside. 8. The result is that the petition is aiiowed" and the order impugned is set aside However, iiberty is reserved to the respondents to take appropriate steps after compiying with the principles of naturai justice in accordance with iaw. FX Sd/— ‘ Pritinker Diwaker y ' Judge ; g. Resuitantiy, petition succeeds. —JA