1 2026:CGHC:973 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 391 of 2019 Naresh Chauchan, S/o. Shri P. Chouhan, Aged About 43 Years, Inspector, Presently Working At Crime Branch, Balodabazar, District Balodabazar Bhatapara, Chhattisgarh. ... Petitioner versus 1- State Of Chhattisgarh, Through The Secretary, Department Of Home, Atal Nagar, Mahanadi Bhawan, New Raipur, Chhattisgarh, District : Raipur, Chhattisgarh. 2 - Director General Of Police Police Headquarter, Atal Nagar, New Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Superintendent Of Police, Balodabazar, District Balodabazar Bhatapara Chhattisgarh. 4 - Treasury Officer, Treasury, Account And Pension, Balodabazar, District Balodabazar Bhatapara Chhattisgarh. ... Respondents For Petitioner : Mr. Somkant Verma, Advocate For Respondents : Mr. Afroz Khan, Panel Lawyer ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.01.07 16:41:19 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 07.01.2026 1. Learned counsel for the petitioner submits that before initiating the recovery proceeding, no adjudication of amount to be recovered has been made by the department and no order of recovery has either been passed to serve upon the petitioner and the respondents have straight away ordered for recovery of the said amount from the salary of the petitioner Rs. 10,000/- per month. 2. Learned State counsel opposes the argument advanced by the learned counsel for the petitioner. 3. Heard learned counsel appearing for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 4. Since before initiating the recovery proceeding, no adjudication has been made with regard to the amount recoverable from the petitioner, the recovery of salary of Rs.10,000/- per month is erroneous and liable to be set aside. Accordingly, it is set aside. However, the respondents are at 3 liberty to proceed in accordance with law with regard to the amount recoverable, if any. 5. The petitioner is at liberty to make a representation for refund of the amount already recovered from the salary of the petitioner within 30 days from today, which will be considered and decided expeditiously. Sd/- (Sanjay K. Agrawal) Ashok Judge