1 CGHC010240712026 2026:CGHC:28848 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4996 of 2026 1 - Nandlal Dhumketi S/o Late Shri Bhainsingh, Aged About 62 Years Retired From The Post Of Principal, Govt. Industrial Training Institute, Sahaspur, Lohara, District - Kabirdham (C.G.), R/o Village - Bhagutola, Jevadan Road, Post - Kawardha, District - Kabirdham (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Employment And Training Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.). 2 - Under Secretary, Employment And Training Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 3 - Director, Employment And Training Department (Training Part), Indravati Bhawan, First Floor, Block No. 4, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.07.10 17:40:46 +0530 2 4 - Joint Director (Training), Govt. Industrial Training Institute, Regional Office, Durg, District - Durg (C.G.) 5 - Divisional Joint Director, Treasury Accounts And Pension Department, Durg, District -Durg (C.G.) 6 - Accountant General, Officer Of The Accountant General, Zero Point, Balodabazar Road, Raipur, District - Raipur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Chandrikaditya Pandey, Advocate For Respondent(s) : Ms. Poorva Tiwari, Panel Lawyer For Respondent No. 6 : Shri R.K. Gupta, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 10.07.2026 1. Petitioner has filed this writ petition seeking following reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the concerned petitioner's case from the possession of the respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ of Certiorari or any other appropriate writ, order, or direction, quashing the impugned recovery order dated 08.05.2026 and 03.06.2026 issued by the Respondent No. 2. 3 10.3 That, this Hon'ble Court may kindly be pleased to issue a writ of Mandamus or any other appropriate writ, order, or direction, commanding the Respondents to immediately release all pending retirement/pensionary benefits of the Petitioner, which have been withheld or are likely to be withheld due to the impugned recovery order, within stipulated time. a 10.4 That, this Hon'ble Court may kindly be pleased to issue any other writ, order, or direction which this Hon'ble Court may deem fit in the interest of justice, including the award of costs in favor of the Petitioner. 2. Learned counsel for the petitioner submits that, on account of alleged illegal and irregular withdrawal of an amount from the account of IMC, a departmental enquiry was conducted against the petitioner, in which the petitioner has been penalized and was inflicted with the punishment of stoppage of increment. It is further submitted that, thereafter, another order dated 08.05.2026 has been issued directing recovery of the amount allegedly misappropriated by way of such illegal withdrawal. Learned counsel submits that for the same alleged act, the petitioner cannot be subjected to two punishments and, therefore, the order of recovery is not sustainable in law. 4 3. Learned counsel appearing for the State opposes the submission and submits that the present case does not amount to double punishment for the same offence. It is submitted that the punishment imposed in the departmental enquiry and the order of recovery operate in different fields. The departmental enquiry was conducted to examine the alleged misconduct/negligence on the part of the petitioner, whereas the recovery order has been issued only for recovery of the amount which was allegedly withdrawn illegally and irregularly from the account of IMC. It is submitted that the impugned order dated 08.05.2026 is just and proper and does not suffer from any illegality. 4. I have heard learned counsel for the parties and perused the documents available on record. 5. Considering the submissions made by learned counsel for the parties, it appears that the order dated 08.05.2026 has been passed directing recovery of an amount of Rs. 9,02,691/-, which was allegedly withdrawn by the petitioner from the account of IMC in an illegal and irregular manner. The punishment imposed in the departmental enquiry cannot be treated as a bar against recovery of the amount allegedly 5 causing financial loss to the department. The departmental enquiry was initiated to examine the misconduct/negligence attributable to the petitioner, whereas the recovery proceedings are for restitution of the amount allegedly withdrawn irregularly. 6. In view of the aforesaid discussion, this Court finds no illegality or infirmity in the order dated 08.05.2026 directing recovery of the alleged amount. Accordingly, the challenge made by the petitioner is devoid of merit and the writ petition stands dismissed. Sd/- (Bibhu Datta Guru) Judge Shoaib