^2^-0-^:^ ys^^o: ^^w^^':""" ^ -a*** • (1) Q^ff- \-3TS~}^ IN THE HON'BLE HIGH COURT OF C.G. AT BILASFUR W. P. (Sl No. 9A3 pf 2010 PETITIONER Sandal Ram Gupta, aged about 56 years, S/o Shri Palha Ram Gupta, posted as Peon in Goveminent Higher Secondary School, Dongtarai, District- Raigarh, R/o Village 8s Post- Chhotegunada, Tahsil-Gharghoda, District-Raigarh (C.G.)) VERSUS RESPONDENTS : 1 2. State of Chhattisgarh : Through Secretary, Education Departinent, Dau Kalyan Singh Bhawan Raipur (C.G.) The Joint Director, Treasury, Accounts 85 Pension, Bilaspur Division, Nutan Chowk, Distnct-Bilaspur (C.G.) The Deputy Drrector, Treasury, Accounts 85 Pension, Bilaspur Division, Nutan Chowk, Distnct- BUaspur (C.G.) ^^" The Principal, Goveminent Higher Secondary School, Dongitarai, Dista-ict-Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^?' HIGH COUR:!' OF CHHATTISOARH AT BILA8PUR WKTT PETmON (S) Na6l3 of2010 : Saiidal Rain Gupta. RESPONDENTS : State ofChhattisgarh&Others. WKIT PETmON UNDER AR'IICLE 226 OF THE CONSTITUTION OF INDIA SB: Hoa'fcle Shri Satish K. Agsiihotri, J. Present: Shri Prateek Sharma, Advocate for tlie petitioner. . Shi-i M.P.S.Bhatia, Deputy G.A. forthe State/respondeats. 4. (Passsd on 25UI day of Febroar}', 2010) With the consent offhe parties.the matter is heard finally. Leamed counsel appearine for the petitioner submits that without aflbrding aa opportumty of hearing, fhe office of the Joint Du-ector, Treasurv, Accounts & Pensioii, Bilaspur. has calcuiated that tfaere was an -excess payrnent made to fhe petitioner aiid once the issue has been concluded, show-cause-notice remams a mere formalitv. Sln-i Bhatia, leamed counsel appearitig for the State/respondents submits tliat tliis is a misconception. There is no pre-detennination or calculation ofthe excess ainount and the same shall take place oiily after aflbrding proper opportumty of hearing to the petitioner. The order dated 18.02.2010 (Amexure P/'l) should be treated as a show-cause-notice and in fact, it is a show-cause-notice. Tlie petitioner may file response to the aforesaid show-cause-notice. if so advised, and the State/ respondents shall take action for determination ofthe excess payment, if any, oniy after atfording opportunity of heai'ing to the petitionsr. Sliri Bhatia furtfaer submits that siiice tlie time granted to file reply to the shovv-eause-notice dated 18.2.2010 (Armexure P/l) has already expired, the petitioner may file his response witliin a further pei'iod oftwo weeks from today. In light oftlie above submission- accordmgto leamed counsel appearing for the petitioner, nofhing survives for adjudication at this stage. Consequently, tlie writ petition is disposed pt^ _____—— Sd/- SatishK.Agnihotri Judge