1 CGHC010132782020 2026:CGHC:35669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2486 of 2020 1 - Gajendra Tiwari S/o Late Ramnarayan Tiwari Aged About 62 Years Retired From The Post Assistant Sub Inspector R/o Kenabandh Bouripara, Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home Mahanadi Bhawan New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Inspector General Of Police Surguja Range Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 3 - The Superintendent Of Police Surguja Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 4 - Joint Director Accounts And Pension, Ambikapur District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) 2 For Petitioner(s) : Mr. A.N. Pandey, Advocate For Respondent(s) /State : Mr. Sharad Mishra, P.L. SB – Hon’ble Shri Justice Sanjay K. Agrawal Order on Board 12/08/2026 1. This writ petition under Article 226 of the Constitution of India has been preferred against the impugned order dated 14/05/2020 (Annexure P/1) issued by respondent No. 3 whereby order of recovery of Rs. 97,190/- has been issued after retirement of the petitioner. 2. Learned counsel for the petitioner submits that the impugned order of recovery has been passed without affording any opportunity of hearing to the petitioner, as such, it is liable to be quashed, being unsustainable and bad in law. 3. Learned counsel for the respondents/State would support the impugned award and submit that the instant writ petition is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their submissions and perused the records. 5. A careful perusal of the record would show that the impugned order of recovery of Rs. 97,190/- has been passed against the petitioner without affording any opportunity of hearing to him, 3 which is against the principles of natural justice. As such, the impugned order dated 14/05/2020 (Annexure P/1) is hereby set aside being unsustainable and bad in law. However, respondents are at liberty to proceed in accordance with law after giving reasonable opportunity of hearing to the petitioner. 6. Accordingly, this writ petition is allowed to the extent indicated herein-above. No cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Harneet