1 2026:CGHC:5330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4988 of 2020 Ramsagar Sinha, S/o. Late Shiv Lal Sinha, Aged About 61 Years, Retired Constable (G.D.) (Batch No. 821) O/o. The Commandant, 2nd Battalion, Chhattisgarh, Armed Force, Sankari, Bilaspur, District Bilaspur, Chhattisgarh, R/o. A-28, 2nd Battalion, C.A.F. Sankri, Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh, Through The Secretary, Department Of Home And Police, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Director General Of Police, State Of Chhattisgarh, P.H.Q. Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Deputy Inspector General Of Police, Chhattisgarh Armed Force, North Area, Sarguja, District Sarguja, Chhattisgarh. 4 - The Commandant, 2nd Battalion, Chhattisgarh, Armed Force, Sankri, Bilaspur , District Bilaspur Chhattisgarh. ASHOK SAHU Digitally signed by ASHOK SAHU 2 5 - The Joint Director, Treasury, Account And Pension, Bilaspur Division, Bilaspur Chhattisgarh. ... Respondents For Petitioner : Mr. R.K.Kesharwani, Advocate For Respondents : Mr. Ujjwal Choubey, Panel Lawyer (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 30.01.2026 1. In this writ petition, the petitioner has challenged order dated 06.11.2020, passed by the respondent No.4, whereby an amount of Rs.37,915/- has been directed to be recovered from the retiral benefits of the petitioner. 2. Learned counsel for the petitioner submits that before initiating the recovery proceedings, no adjudication of amount to be recovered has been made by the respondent-department and straight away Rs. 37,915./- has been directed to be recovered from the retiral benefits of the petitioner, which is illegal, bad and arbitrary. Therefore, the same is liable to be set aside. 3. On the other hand, learned counsel for the State supported the impugned order of recovery and prays for dismissal of this petition. 4. I have heard learned counsel for the parties, considered their rivals 3 submissions made herein above and went through the record with utmost circumspection. 5. In the case at hand, since before initiating the recovery proceedings, no adjudication has been made with regard to the amount which is to be recoverable from the petitioner and directly the impugned order dated 06.11.2020 directing recovery of Rs.37,915/- has been passed from the retiral benefits of the petitioner, which is erroneous and liable to be set aside. Accordingly, it is set aside. However, the respondents are at liberty to proceed in accordance with law regard to the amount recoverable from the petitioner, if any. Further, the petitioner is also at liberty to prefer representation alongwith copy of this order and supportive documents before the concerned respondents authority for refund of the said amount recovered from his salary within 04 weeks’ from today and, in turn, the concerned respondents are directed to consider and decide petitioner’s said representation in accordance with law by passing a reasoned and speaking order preferably within 06 weeks from the date of receipt of said representation. 6. With aforesaid observation and direction, this writ petition stand finally disposed of. No cost. Sd/- (Sanjay K. Agrawal) Judge Sd/- Ashok