1 / 4 2026:CGHC:22957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8563 of 2025 Indrapal Mandavi S/o Shri Ramadhin Mandavi Aged About 61 Years Posted As Executive Engineer Public Health Engineering Division Bus Stand Main Road Portha, Sakti District - Sakti Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Public Health Engineering Department, Raipur District - Raipur Chhattisgarh 2. Engineer In Chief Public Health Engineering Public Health Engineering Department, Raipur District - Raipur Chhattisgarh 3. Chief Engineer Public Health Engineering Department, Bilaspur Division Bilaspur District - Bilaspur Chhattisgarh 4. Superintendent Engineer Public Health Engineering Department, Bilaspur Board Bilaspur District - Bilaspur Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. Anup Majumdar, Senior Advocate along with Mr. Vibhor Goverdhan, Advocate For Respondents/ State : Ms. Apurva Nigam, P.L. HON’BLE SHRI JUSTICE BIBHU DATTA GURU Order on Board JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.05.15 10:44:25 +0530 2 / 4 14/05/2026 Heard. 1. Learned counsel for the petitioner submits that the petitioner is presently posted as Executive Engineer in the Public Health Engineering Department, Block Mungeli, District Mungeli (Chhattisgarh). He further submits that the petitioner is aggrieved by the impugned orders dated 15.04.2025 and 30.04.2025 whereby recovery of an amount of Rs. 4,05,000/- has been directed against the petitioner. Learned counsel further submits that the petitioner was subjected to a penalty of recovery to the tune of Rs. 10,44,549/- along with stoppage of one increment with cumulative effect vide order dated 01.09.2023 pursuant to a departmental enquiry, which, according to the petitioner, was vitiated. Against the said order, the petitioner has already preferred an appeal on 07.10.2024 before Hon’ble the Governor along with an interim application, which is still pending consideration. It is further submitted that during the pendency of the said appeal, the respondents have initiated recovery proceedings and have directed recovery of part of the amount in an arbitrary manner. Learned counsel submits that due to the recovery pursuant to the impugned orders, the entire salary of the petitioner has been withheld and the petitioner has not received any salary since February, 2026. He, therefore, prays that till the 3 / 4 interim application is decided, the recovery proceedings be stayed. 2. Per contra, learned State counsel, on instructions, submits that the petitioner himself is the Drawing and Disbursing Officer and the decision regarding recovery of the said amount is just and proper. It is further submitted that mere filing of an appeal would not entitle the petitioner to any interim protection. 3. I have heard learned counsel for the parties and perused the documents annexed with the petition. 4. Perusal of the record would show that vide order dated 01.09.2023, the petitioner was penalized with recovery to the tune of Rs. 10,44,549/- along with stoppage of one increment with cumulative effect, against which the petitioner has preferred an appeal on 07.10.2024 before Hon’ble the Governor along with an interim application. However, during the pendency of the said appeal and interim application, recovery proceedings have been initiated by orders dated 15.04.2025 and 30.04.2025. 5. Considering the fact that the appeal along with the interim application is pending consideration and also taking into account the submission that because of the recovery proceedings the petitioner is not receiving salary from February, 2026, this Court 4 / 4 deems it appropriate to dispose of the present writ petition with a direction that till the interim application filed along with the appeal before the appellate authority is decided, the recovery proceedings initiated pursuant to the orders dated 15.04.2025 and 30.04.2025 arising out of the order dated 01.09.2023 shall remain stayed. 6. It is further directed that if the salary of the petitioner has not been released on account of the aforesaid recovery proceedings, the same shall be released forthwith in accordance with law. 7. Accordingly, the present writ petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Jyoti