mmfa‘ww awmmiu; mm (Wu) WW 1&1 200% 227 of the Constitution of indie) in ie BenchrHnn’hie “hri Dhirendra Mishra ”- -2i3Q§:- 121 On a mentiom being madeg the ase is taken up for hearing. $fnr§ Prakasn Tiwari, counse! f0. the petitioner. 3W Ya$hwan¥ $ingh‘ Thakw, spondents. in compiiance of the order Searetary; Home (Poke) is present‘ case ha$ since been filed, exmesses nd f (Writ Petition under Article 22 S J. :e'puty Advocate General fer the State/ re ed 641-2009; Shri Manohar Pandey; person. He su‘emits that retern in the s regrets for not tiiing the retern eai'iier a urther undertakes that retnrn sha i be fiied weii in time. ‘ i t ‘ , ; i 7 mwsw‘ wwwfifg‘ftm $sz‘f‘aqm PET!T!ONER: Mannu La! Sen, Sfo Late $hri Laxman Prasad, Aged about 51 years, Resident of Quarter No.59-B‘ Professor Cokmy, Karme:e, Jabaipur. District Jabaipur (MP) —\1£rsu$~ RESPONDENTS: ‘i. State of Chhat‘tisgarh, Through Seeietary, Home Peiice, D.K.S. Bhawan, Mantraiaya, Raipur (CG) 2. Director General of Poiicex Poiice Head Quarter, Raipur (CG) 3. Director; Treasury, Accounts and Pensien, Paneri, Raipur {CG} 4. Superintendent of Poiice, Poiice Training School, Maria, District RainurltlG) 5. Joint Director, Treaeury, Accounts and ?ension, Raipur {CG} WW; m zoo Wwmahaqa) %,Z, ‘ wwwffwm akaimm e same as his saiai’y. At this stage, directing recoveiy of the aiteged exces amount from the pensionary benefits! stratigity amount of the petitioner wiii not be iust and proper. i 2006 (1) MPHT 1‘05 (CG) ne f A 0 3 s h be te 2? dirg ri p e i t p d C p Z n o 83 3 h i it s “8’ The contention of the petiti o i R , , e i i d i py n e pr State/authorities have not affo ed any opooeunity of hearing to the petitioner to t forward his e asto Why the dedction from t gratuy aunt being exoess unt cnnot be made The oonteen of the learned cunsei tr the p ioner merits acceptance.“ hi Coui‘ in the case of Vidya t Tiwati \1. The State of Chhattisgarh t Qthets" ha hei that t xcess ,o nt, if any, made to the petitioner e ,r _ The petiiioner by the instant petition has impugd the order o nnexure-PH da‘zed 25m Qstober, 2 8 whereby reccvery proseedéngl for a um of Rs.2,67,3001- as en initiad after the petmoner retired on i41- 00 (Annexure-PI2) without affor any opportunity of heang to the etitiener‘ Learned counsei for the petitienr submitted that the dispute nvolved in his eiitien stans aiready settied by this ourt vide order dated 39th Arii, QOS passed i Writ Petitin (S) No.63 of 2006 (Miian Ram Pam/e V. State f Cha‘ttisgarh & ethers} wheren ha been heid in para-8 thus:- that‘even for exercising power under ‘ uie 65 of the Ruies 1976 b c principes of nature! justice an far ia in actio are requited to foiiowed. in the esent oaee, the t ou c s u he it mo ‘ a o a tio o o et it Te t d a ti s d he e a e , h was not at fautt and the amount reoei ed by him might have been used by tzdiusting himself aocomlingiy treating i XI-HC—78 mmfaai'cx wmm mwam‘ in this regam, the Hon’bie Su‘pr eme Cous’t in the case of Sahib Ram V. -3_, WWW iq' Teeim $aimm Civil Services (Pension) Ruies, 197a; prim§9§es of naturai justice 2 1995 Supp (1 ) scc 2o State of Haryana and cther52 in para-5 has heid as under:- ccount of any misrepresentation made by the appeilant that the bemfit of higher pay scam was given to him “5 ......... However, it is not on 2 but by wrong constaruction made cannot be heEd to be at‘fault. Ur‘ by the Principal for which the appeiiant ider the circumstances the amount paid tin date may not be recevered fmm the appeuent.” The above legai proposition is Tnakw. ieamed Deputy Advocate Gen oetition is eiiowed in terms of the order passed in the caee of Vidyadhar Tiwaii (Supra) i.e. the impngned ordei’ éated 2540-20-08 (Annexure-Pfi) is hereby quashed. However, it is open to the respondents, if so advised, to Viake re course t0 Roie 65 of the Chhettisgarh in View of the above, the instani n Sd/- i Dhirendra Mishra Judge 3g W%mm ...................................................m . 200 mm (We) not disputed by Shri Yashwant Sing arai for the State/respondents. in accordance with iew and basic h