1 2025:CGHC:49991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 449 of 2020 1 - Amir Khan S/o Late Shri Abbas Khan Aged About 63 Years Resident Of Rajiv Gandhi Chauk Gopal Marg No. 10, Majhawapara, Jarhabhata, Bilaspur, District Bilaspur Chhattisgarh Pin 495001 ... Petitioner versus 1 - State Of Chhattisgarh Through The Principal Secretary, Forest Department, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh, Pin 492002 2 - The Director Directorate Of Treasury Accounts And Pension 1st Floor, A- Block, Indravati Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh, Pin 492002 3 - The Principal Chief Conservator Of Forest, Aranya Bhawan North Block, Sector 19, Nava Raipur, Atal Nagar Chhattisgarh, Raipur, Pin 492002 4 - The Chief Conservator Of Forest Bilaspur Circle, Bilaspur Chhattisgarh, Pin 495001 PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.10.08 16:42:54 +0530 2 5 - The Divisional Forest Officer Kosabadi, Korba Forest Division And District Korba Chhattisgarh Pin 495677 6 - The Divisional Forest Officer Forest Division Janjgir Champa, H.Q. Champa District Janjgir Champa Chhattisgarh. Pin 495671 ... Respondents For Petitioner : Mr. Alok Chandra Rishi, Advocate For Respondent/State : Mr. Rajeev Bharat, GA Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 08/10/2025 1. At the outset, learned counsel for the petitioner submits that he confines the relief solely to the recovery of Rs.20,518/-, which has already been recovered and further, consent was also obtained from the petitioner to release the retiral dues through an arm-twisting method. 2. Brief facts of the case are that the petitioner was initially appointed in the Department of Forests as ‘Forester’ on 05.05.1977 and subsequently, he superannuated from the post of Range Officer Kartala Range, within Korba Forest Division, on 30.06.2018. Thereafter, the petitioner was not paid the retirement benefits and later on, it came to his knowledge that a recovery has been made for Rs.20,518/- pertaining to non-payment of labour for plantation work during the year 2013-14. Under these circumstances, the petitioner gave his consent for deduction of the aforesaid amount in order to release his retiral dues. 3 3. Learned counsel for the petitioner submits that the recovery made by the Department is impermissible in law as it relates to an incident more than four years old. He submits that the petitioner has already retired without any Departmental proceeding being conducted, therefore, recovery cannot be effected in view of Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976 (hereinafter referred to as “the Rules of 1976”). Thus, he prays to release the aforesaid amount. 4. On the other hand, learned counsel for the State fairly admits that only a preliminary enquiry was conducted and no Departmental proceeding has been conducted, wherein the petitioner was held responsible for the loss of Rs.20,518/-. He submits that as the incident occurred more than four years ago, a regular Departmental enquiry could not be initiated in view of Rule 9 (2) B (ii) of the Rules of 1976. He would further submit that the employee himself has given consent for deduction of the aforesaid amount, therefore, on such score, the Petition is liable to be dismissed. 5. It is well established that gratuity and pension are not bounties. An employee earns these benefits by dint of his long, continuous, faithful and unblemished service. It is thus a hard earned benefit which accrues to an employee and is in the nature of "property". This right to property cannot be taken away without the due process of law as per the provisions of Article 300-A of the Constitution of India. 6. For the recovery of any amount or pecuniary loss caused by a Government servant, the right of the Governor to withhold or withdraw pension for such recovery has been stipulated in Rule 9 of the Rules of 1976, which reads as under: 4 “9. Right of governor to withhold or withdraw pension.-(1) The Governor reserves to himself the right of withholding or withdrawing a pension or part thereof, whether permanently or for a specified period. and of ordering recovery from pension of the whole or part of any pecuniary loss caused to the Government if, in any departmental or judicial proceeding, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re- employment after retirement: Provided that the State Public Service Commission shall be consulted before any final orders are passed: Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below "[the minimum pension as determined by the Government from time to time]: (2) (a) The departmental proceedings [x x x], if instituted while the Government servant was in service whether before his retirement or during his re- employment, shall, after the final retirement of the Government servant, be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced, in the same manner as if the Government servant had continued in service: Provided that where the departmental proceedings are instituted by an authority subordinate to the Governor, that authority shall submit a report regarding its findings to the Governor. (b) The departmental proceedings, if not instituted while the Government servant was in service whether before his retirement or during his re-employment:- 5 (i) shall not be instituted save with the sanction of the Governor; (ii) shall not be in respect of any event which took place more than four years before such institution; and [(iii) shall be conducted by such authority and in such place as the Government may direct and in accordance with the procedure applicable to departmental proceedings:- (a) in which an order of dismissal from service could be made in relation to the Government servant during his service in case it is proposed to withhold or withdraw a pension or part thereof whether permanently or for a specified period: or (b) in which an order of recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders could be made in relation to the Government servant during his service if it is proposed to order recovery from his pension of the whole or part of any pecuniary loss caused to the Government). (3) No judicial proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment, shall be instituted in respect of a cause of action which arose or in respect of an event which took place, more than four years before such institution. (4) In the case of a Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub-rule (2), a provisional pension and 6 death-cum-retirement gratuity as provided in "[rule 64], as the case may be, shall be sanctioned: Provided that where pension has already been finally sanctioned to a Government servant prior to institution of departmental proceedings, the Governor may, by order in writing, withhold, with effect from the date of institution of such departmental proceedings fifty per cent of the pension so sanctioned subject however that the pension payable after such withholding is not reduced to less than (the minimum pension as determined by the Government from time to time]: Provided further that where departmental proceedings have been instituted prior to the 25th October, 1978, the first proviso shall have effect as it for the words "with effect from the date of institution of such proceedings" the words "with effect from a date not later than thirty days from the date aforementioned," had been substituted: Provided also that- (a) If the departmental proceedings are not completed within a period of one year from the date of institution thereof, fifty per cent of the pension withheld shall stand restored on the expiration of the aforesaid period of one year; (b) If the departmental proceedings are not completed within a period of two years from the date of institution the entire amount of pension so withheld shall stand restored on the expiration of the aforesaid period of two years; and 7 (c) If in the departmental proceedings final order is passed to withhold or withdraw the pension or any recovery is ordered, the order shall be deemed to take effect from the date of the institution of departmental proceedings and the amount of pension since withheld shall be adjusted in terms of the final order subject to the limit specified in sub-rule (5) of rule 43]. (5) Where the Government decides not to withhold or withdraw pension but orders recovery of pecuniary loss from pension, the recovery shall not be made at a rate exceeding one-third of the pension admissible on the date of retirement of a Government servant. (6) For the purpose of this rule- (a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from an earlier date, on such date; and (b) Judicial proceedings shall be deemed to be instituted- (i) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognizance, is made, and (ii) In the case of civil proceedings, on the date the plaint is presented in the court.” 7. Reverting to the facts of the present case, it is undisputed that no Departmental enquiry has been conducted in terms of Rule 9 of the 8 Rules of 1976 and only through an arm twisting method by withholding the retiral dues, the employee has given a consent for deducting the aforesaid amount of Rs.20,518/-. Hence, the deposit was made under duress, which is impermissible under the law, as the employee has no bargaining power against the State and the non-payment of the retiral dues creates a sense of insecurity in the mind of the petitioner. 8. In view of the aforesaid discussion, the deduction of Rs.20,518/- is not proper. Therefore, the subject amount deposited by the petitioner shall be returned to him by the State within a period of 60 days, along with an interest at the rate of 6% per annum. 9. Accordingly, the Petition is allowed to the extent indicated here-in- above. Sd/- (Deepak Kumar Tiwari) Judge Priyanka