1 2025:CGHC:12564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2676 of 2024 1 - Ramnath Ram Sanmani S/o Late Shri Rotho Ram Sanmani Aged About 69 Years R/o Near Tiwari Kirana Store, Ward No. 11, Patparia, Ambikapur, Police Station - Gandhi Nagar, Tahsil And Distt - Surguja, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of General Administration, Mahanadi Bhawan, Mantralaya, Police Station And Post - Rakhi, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh. 2 - Account General ( Lekha And Haqdari), Office Of Account General, Zero Point, Balodabazar Road, Raipur, District : Raipur, Chhattisgarh 3 - Senior Account Officer, Office Of Accountant General (Lekha And Haqdari), Zero Point, Balodabazar Road, Raipur, District : Raipur, Chhattisgarh 4 - Collector, Office Of Collector, Koriya, District Koriya Chhattisgarh ... Respondents Cause title is taken from the Case Information System For Petitioner : Shri Abhishekn Pandey, Advocate For Respondents/State : Shri Akhilesh Kumar, Govt. Advocate For Respondents No.2 & 3 : Shri Ashwani Shukla, Advocate Order on Board By Bibhu Datta Guru, J. 17/3/2025 1. By the present petition, the petitioner is questioning the order dated 31-1- 2018 and 18-10-2023 passed by the respondent No.3 by which the order of recovery of Rs.2,18,232/- has been passed and the said amount has already been recovered from the retiral dues of the petitioner. 2 2. Learned counsel appearing for the petitioner would submit that the petitioner is a septuagenarian and retired from service on 31-7-2017 on attaining the age of superannuation. He would further submit that the impugned recovery order has been passed in clear violation of principles of natural justice that too without affording due opportunity of hearing to the petitioner. 3. Learned counsel appearing for the respondents, per contra, would submit that the order dated 31-1-2018 itself is an intimation to the petitioner before recovery of the amount, which was a negative balance in the GPF account of the petitioner and hence the principles of natural justice has been observed before recovery of the amount. 4. I have heard learned counsel for the parties and perused the pleadings and documents. 5. It appears from the impugned order that before recovery of the amount in question from the petitioner no notice was issued to the petitioner and no opportunity of hearing was afforded to him, which is necessary before recovering any amount from the retired employee. 6. In view of the aforesaid facts and circumstances of the case, the writ petition is disposed of with a direction to the respondent No.3 to afford due opportunity of hearing to the petitioner by issuing a show cause notice to the petitioner within a period of 30 days from the date of receipt of a copy of this order and thereafter, the petitioner shall submit his reply to the show cause notice within 30 days. After receipt of reply of the petitioner, the respondent No.3 shall consider and decide the same, in accordance with law and on its own merits, within 20 days. The entire exercise be completed within a period of 80 days from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.03.17 15:59:33 +0530