; an?“ m (Wu) " @ XI-HQ—78 i HWWW Wm m zoo mm (Wu) (Mm mmm a” WW§f§éfm émmm ' cause nofice or wi‘rhouT giving opporfuni‘ry of hearing To The pe’rifioner in violm‘ion of ’rhe Circulur dafed 27.E.2008 (Annexur‘e P-Z) which direc’rs Thu? before effec’ring recovery fr The reTired employees a show cause noTice should be issued. He furTher ubmiTs ThaT case of The peTiTioner is squarely covered by The order daT d 16‘“ June, 2008 passed in WP (S) No.2820/2008 (Ram Sunder Mishra . STaTe of C.G. & oThers). RespondenTs were allowed Ti e To file reTurn To The peTiTion vide no reply has been filed by The order daTed 10.12.2008, however respondenTs. I have heard Iearned counsel or The porTies. This CourT in The maTTer of Ram Sunder Mishra (Supra) piacing reliance on The decision of The Hon le Supreme CourT in The maTTer of Sahib Rom V. SToTe of Haryano ofher51 and Vidyadhor Tiwari V. hersz has held ThaT The excess paymenT, if any, made To The peTi ioner, he was noT aT faulT and The amounT received by him mighT hale been used by adjusTing himself accordingly Treating The same as his salary. AT This sTage, direcTing‘ ‘ recovery of The alleged. excess amounT from The pensionary benefiTs/graTuiTy amounTof The pe"iTioner may noT be jusT and proper. Even’for The purposes of exercising power 'under Rule 65 of The Rules,' The STaTe of ChhaTTisgorh & 1 1995 Suppvn) scc‘zo Z 2006 (1) MPHT 105 (CG) \ W m o , d T 3a W, Wm, W3; mm (Wu) required 1‘0 be followed. For fhe aforesaid reasons, Th of the order passed in ’rhe case impugned order dafed 23.10.2007 from fhe petitioner on accounfof ex pe‘rh‘ioner is enfifled fo‘full pensiohc any deduction. However, if is open ‘ fake recourse 1'0 Rvule 65 of ‘rhe Rul basic principles of nafural justice; Cerfified copy as per rules. i L instant petition is allowed in terms of Vidyadhar Tiwari (Supra). (Annexure-P-l) regarding recovery The cess payment is hereby quashed. The ry benefits/gratuity amount without 'o the respondents, if so advised, to as, 1976, in accordance with law and i Sd/- ; Dhirendra Mishra Judge mmafwm Wmm (Jy. $Wm V 1976, ‘basic principles of nafurai \us‘l’ice and fair play in action are