1 CGHC010213032018 2026:CGHC:31123 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4674 of 2018 1 - Dr. Suresh Prasad Tiwari (Dead And Deleted) S/o As Per Court Order Dated 05-01-2026, Through Lrs- 1.1 - Smt. Laxmi Tiwari W/o Late Dr. Suresh Prasad Tiwari Aged About 65 Years R/o Village Sonoura, Behind Aps University Sanoura, Distt. Rewa, M.P. 1.2 - Ashish Kumar Tiwari S/o Lage Dr. Suresh Prasad Tiwari Aged About 42 Years R/o Village Sonoura, Behind Aps University Sanoura, Distt. Rewa, M.P. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education Department Mahanadi Bhawan Mantralaya New Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Accountant General Chhattisgarh, ( A And E ) Zero Point, Balodabazar Road, Post Office Mandar Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The District Education Officer District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondents For petitioners : Mr. Rahul K. Mishra, Advocate For State : Mr. Amandeep Singh, PL For respondents No.2 : Mr. Raj Kumar Gupta, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 22.07.2026 1. The petitioners have filed this petition seeking following relief (s) : “10.1 That, this Hon'ble Court may kindly be pleased to set-aside/quash the impugned orders dated 08.03.2016 and 18.04.2018 (Annexure P/1)and subsequent proceeding. 10.2 That, any other relief/order which may deem fit and REKHA SINGH Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.07.22 14:48:44 +0530 -2- just in the facts and circumstances of the case including award of the costs of the petition may be given. 2. Mr. Mishra, learned counsel appearing for the petitioners, would submit that penalty of recovery of Rs. 1,80,158/- was inflicted upon a Government servant, namely S.P. Tiwari (retired Principal), by the District Education Officer vide order dated 08.03.2018. Mr. Mishra would further submit that this petition was filed by the Government servant himself, but subsequently he died on 02.01.2019, whereafter his legal representatives were substituted. It is contended that a show-cause notice was issued to the Government servant making allegation that he stayed in the accommodation allotted to his wife but claimed house rent allowance to the tune of Rs. 1,80,158/-. It is argued by Mr. Mishra that an enquiry was conducted by the Principal and penalty has been inflicted by the District Education Officer. It is submitted that the appointing authority of Principal is the State Government and, therefore, the District Education Officer was not competent to inflict the penalty. He would pray to allow this petition. 3. On the other hand, Mr. Singh, learned Panel Lawyer appearing for the State would oppose the submissions made by Mr. Mishra. He would contend that the Government servant namely Mr. S.P. Tiwari died on 02.01.2019 and therefore, the proceeding with regard to recovery was dropped. He would submit that this petition has become infructuous. 4. Mr. Gupta, learned counsel appearing for respondent No.2 would endorse the submission made by Mr. Singh. 5. I have heard the learned counsel appearing for the parties and 3 perused the documents placed on record. 6. Having considered the fact that the proceedings with regard to recovery initiated against the Government servant, late S.P. Tiwari, have already been dropped, nothing survives for adjudication. Accordingly, this petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha