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2025 DAILYLAW 10025 (CHH)

SMT. PUSHPANJALI SINGH CHANDEL v. STATE OF CHHATTISGARH

WPS/1376/2025 · 2025-02-21

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:9227 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1376 of 2025 1 - Smt. Pushpanjali Singh Chandel W/o Shri Avinash Singh Chandel Aged About 44 Years Posted As Lecturer (L.B) In Shahid Shri Yogendra Sharma Government Higher Secondary School Mandhar Colony Tekari, District- Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, New Mantralaya, Raipur (C.G.) 2 - The Director Of Public Instruction (Dpi), Indravati Bhawan, Block-Iii, Atal Nagar, New Raipur, Raipur District- Raipur (C.G.) 3 - Principal, Shahid Shri Yogendra Sharma Government Higher Secondary School Mandhar Colony Tekari, District- Raipur (C.G.) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.24 20:01:23 +0530 2 4 - Director, Chhattisgarh State Audit, Divisional Treasury, Accounts And Pension, Ghadi Chowk, Raipur, (Chhattisgarh) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Prakash Tiwari, Advocate. For Respondent/State : Shri Risabh Bisen, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 21.02.2025 1. By the present writ petition, the petitioner who is an employee of the respondent State seeking quashment of (Annexure P1 & P/2), by which an order of recovery of excess payment has been made by the respondent/Principal. 2. Learned counsel for the petitioner would submit that before issuance of order of recovery no notice or opportunity of hearing has been afforded to the petitioner and hence the order impugned by which the recovery order has been passed is in violation of the principles of natural justice. 3. Learned State counsel would submit that the recovery order has been passed as the petitioner has received excess payment due to wrong application of pay scale. 4. I have heard learned counsels for the parties and perused the (Annexure P1 & P/2). 5. It appears from the impugned order that the order has been passed against the petitioner without issuance of any notice and without 3 granting any opportunity of hearing to the petitioner. Hence the orders appears to be against the principles of natural justice, the order (Annexure P1 & P/2) are hereby quashed. However liberty is reserved with the State to pass appropriate order by affording sufÏcient opportunity of hearing to the petitioner. 6. The writ petition is allowed to the above extent. Sd/- (Bibhu Datta Guru) Judge Shoaib