1 2025:CGHC:27980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2078 of 2020 1 - Vishnu Dutt Tiwari S/o Late Mahadeo Prasad Tiwari Aged About 63 Years Retired Assistant Conservator Of Forest, 58- Shashtri Colony, P/s Rajnandgaon, District Rajnandgaon (C.G.) Pin- 491441 ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Forest Department, Secretariat, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh 2 - The Principal Chief Conservator Of Forest Paryavas Bhavan, North Block Sector-19, Atal Nagar District- Raipur, Chhattisgarh 3 - The Managing Director Chhattisgarh State Minor Forest Produce (Trading And Development) Co-Operative Federation Limited, “Van Dhan Bhawan”, Sector-24, Nava Raipur Atal Nagar (Chhattisgarh) 4 - The Divisional Forest Officer Rajnandgaon Division Ex-Officio Managing Director, District Forest Produce Union, District Rajnandgaon, Chhattisgarh ... Respondents (Cause-title, as taken from CIS System) For Petitioner : Mr. Alok Chandra Rishi, Adv. For State/Respondents : Mr. Amandeep Singh, Panel Lawyer along with Mr. Abhishek Agrawal, SDO (Forest), Rajnandgaon, Officer-In-Charge of the case. (Hon'ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 26/06/2025 1. Heard. 2. This petition has been preferred by petitioner under Article 226 of 2 the Constitution of India seeking following reliefs:- “10.1 That, the Hon’ble may kindly be call records. 10.2 That, the Hon’ble Court kindly may please quash & set aside, the orders withhold petitioner’s 10% pension & gratuity amount & show cause dated 22/02/2019 & orders dated 08/04/2019, 31/05/2019 Annexure-P/1 (Collectively). 10.3 That, the Hon’ble Court kindly order, for interest as the court may deem fit. 10.4 That, to grant any other relief deem fit and just.” 3. Facts of the case, in nutshell as projected by petitioner, are that, the petitioner was initially appointed as ‘Forest Ranger’ thereafter, he was promoted as ‘Assistant Conservator of Forest’ and onward posted as Attached Officer, Rajnandgaon under respondent No.4. The petitioner was allotted additional work of Deputy Managing Director from 11.03.2015 to 08.02.2016 under District Forest Production Union, Rajnandgaon (Jila Union). In this capacity, he was allotted Bolero vehicle No. CG/08/T/0586, which was stolen on 03.09.2015 from the residence of petitioner i.e. Shristy Colony, Rajnandgaon. In this regard, petitioner immediately lodged an FIR in Basantpur Police Station, Rajnandgaon and also informed his higher officials. Thereafter, on 22.09.2019, respondent No.2 served show cause notice to the petitioner that as to why financial loss caused to the State/Federation i.e. Rs.3,49,110/- (cost of stolen vehicle), should not be recovered from him. The petitioner retired from aforesaid post on 28.02.2019, however, he filed reply to the show cause notice vide Annexure-P/6. After his retirement, 90% pension was granted to the petitioner, but gratuity amount of Rs.3,50,000/- was withheld vide order dated 31.05.2019, 3 which gives rise to file instant petition. 4. Learned counsel for the petitioner submits that incident of theft happened, to which, petitioner is not responsible as he immediately lodged FIR and also informed to his superior officials. He further submits that show cause notice (Annexure-P/1) has been replied by him vide Annexure-P/6. He would further submit that, in pursuance of his reply, Upper Principal Chief Conservator of Forest (Administration), C.G. Naya Raipur has sent proposal to the Upper Chief Secretary, Forest Department to cancel and drop the show cause notice. Learned counsel further submitted that now petitioner has been granted full pension, but gratuity amount of Rs.3,50,000/- was withheld. He further submitted that petitioner has been retired since 28.02.2019, despite that till date, no departmental inquiry has been initiated against him, therefore, he prays that respondent authorities may be directed to pay the amount of gratuity i.e. Rs.3,50,000/-, which was withheld by them, by setting aside the order dated 31.05.2019. 5. State-respondents has filed its reply. Learned State counsel referring to its reply, would submit that, since the vehicle (Bolero) was allotted to the petitioner, but he did not take care of the same, which resulted to theft, thus petitioner caused financial loss to the State. Learned State counsel, while referring to its reply, further submits that Rule 25 of the Chhattisgarh Finance Code Part-I, which clearly provides that a government servant shall be responsible to indemnify, the loss caused to the State Government by his negligent act or omission. In this regard, State Government has also issued a notification dated 27.05.2008, wherein it has been mentioned that before any such recovery is made under Rule 25, the government 4 servant has to be issued a show cause notice and it is only after departmental inquiry proceeding that any order need to be passed. He further submitted that petitioner had given undertaking on 07.02.2019 to the effect that, in case any due is recoverable from him, the same shall be recovered from his gratuity amount, therefore, his gratuity amount has been withheld. 6. I have heard learned counsel for the parties and perused the material available on record. 7. As per the contention made by learned counsel for the petitioner, after filing this petition, 100% pension is being paid to the petitioner, which was also conceded by respondents, therefore, no issue is left with regard to the withholding of 10% pension of petitioner. 8. So far as gratuity amount is concerned, vide order dated 31.05.2019, gratuity amount of Rs.3,50,000/- of petitioner has been withheld because said vehicle (Bolero), which was allotted to him, was stolen from his custody, but respondents-State itself have accepted in para 4 of their reply that if any recovery is made under Rule 25 of the Chhattisgarh Finance Code Part-I, then, show cause notice has to be issued and after departmental proceeding, any order of recovery could be passed. When specific question was posed to the State counsel and Officer-In-Charge of the case, who is present in person, that whether any departmental inquiry has been initiated against petitioner, then they stated that no such departmental inquiry has been initiated till date, whereas petitioner has been retired on 28.02.2019. Further, vide Annexure-P/9 dated 24.10.2019, Upper Principal Chief Conservator of Forest (Administration), C.G., Naya Raipur, has made communication to the Upper Chief Secretary, Forest Department, Govt. of C.G., 5 whereby he has proposed for filing of show cause notice (Annexure-P/1) issued to the petitioner. Even otherwise, after lapse of 6 years from the date of retirement of petitioner, no departmental inquiry has been initiated against him, therefore, show cause notice (Annexure-P/1) has lost its efficacy. 9. In view of above, withholding payment of gratuity amount of Rs.3,50,000/- by respondents vide order dated 31.05.2019, cannot be held to be legal. 10. In view of above discussion, I feel inclined to allow this petition, as such, show cause notice dated 22.02.2019 (Annexure-P/1) and order dated 31.05.2019 are quashed. Consequently, respondents are directed to pay gratuity amount of Rs.3,50,000/- (Rupees three lakh and fifty thousand only) to the petitioner, which has been withheld by respondents, within a period of 45 days from today, else it shall carry interest of 9% till actual realization. 11. Accordingly, this writ petition is allowed to the extent indicated here-in-above. No order as to cost(s). Sd/- (Naresh Kumar Chandravanshi) JUDGE Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.06.28 11:30:10 +0530