Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:16549
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4275 of 2024 1 - Linus Minj S/o Late Hilanyus Minj Aged About 66 Years Retired Training Superintendent, Govt. I.T.I.I. Tapkara, Resident Of Village- Kharijhariya, Post- Brangjor, Tahsil- Kunkuri, District- Jashpur, C.G.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Under Secretary, Employment And Training Department And Training Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District- Raipur, C.G. 2 - The Director Directorate Of Employment And Training, Indravati Bhawan, Block No. 4, First Floor, Atal Nagar, Nawa Raipur, C.G. 3 - The Principal Government I.T.I. , Tapkara, District- Jashpur, C.G. 4 - The Principal Mahila I.T.I., Raigarh, District- Raigarh, C.G.
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Harish Khuntiya, Advocate. For Respondent(s) : Shri Risabh Bisen, Panel Lawyer. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.04.09 16:22:14 +0530
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Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 08.04.2025
1. By the present petition, the petitioner is questioning the order dated 11.02.2020, by which the respondents have directed recovery of an amount of Rs. 23,10,539/- from the petitioner with the allegation that when the petitioner was working as a Training Superintendent in Govt. ITI Tapkara District Jashpur (C.G.), the petitioner has misappropriated the caution money received from the students, training fees and payment fee.
2. Learned counsel for the petitioner by referring (Annexure P/4) which is a communication between the Principal and the Director, Employment and Training Raipur submits that the Principal had proposed recovery of the amount of Rs. 18,92,704.06/-, whereas the recovery order has been passed for recovery of an amount of Rs. 23,10,539/-. Learned counsel for the petitioner submits that though the Principal has calculated the amount of recovery i.e. Rs. 18,92,704.06/-, but the excess amount of Rs. 4,17,835.06/- has been directed to be recovered.
3. Learned counsel for the respondent replying to the submission made by the petitioner submits that, (Annexure P/4) is the internal communication between the Principal and Director, Employment and Training in which the Principal had propose recovery of an amount of Rs. Rs. 18,92,704.06/- with a remark that the calculation has been made on the basis of the information of the interest rate
3 received from the bank and the Principal requested the Director to make necessary correction in the calculation. He further submits that the petitioner cannot take any benefit from the internal communication between the Principal and Director. He further submits that the Director has calculated the recovery amount in accordance with the fact and law and there is no illegality in the
order of recovery issued by the Director.
4. I have heard both the parties and perused the pleadings as well as the communication (Annexure P/4) between the Principal and Director.
5. It appears from the said communication that the communication between the Principal and Director is internal communication and the Principal himself has requested the Director to make necessary correction in the calculation of the recovery amount and as per the request of the Principal Women ITI, the Director has calculated the amount to be recovered from the petitioner, by affording sufÏcient opportunity and by conducting a departmental enquiry. It appears that there is no illegality in the order of the Director and the petitioner cannot take benefit from the internal communication of the Principal and the Director, hence the writ petition filed by the petitioner, being bereft of merit, deserves to be and is hereby dismissed. Sd/-
(Bibhu Datta Guru) Judge Shoaib