Ram Gulal Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 1390 Chatt

Citation : 2025 Latest Caselaw 1390 Chatt
Judgement Date : 23 January, 2025

Chattisgarh High Court

Ram Gulal Sahu vs State Of Chhattisgarh on 23 January, 2025

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Digitally
signed by
GOPAL
SINGH
Date:
2025.01.25
16:48:04
+0530




                   HIGH COURT OF CHHATTISGARH AT BILASPUR


                                     WPS No. 621 of 2025

                 RAM GULAL SAHU versus STATE OF CHHATTISGARH

                                         Order Sheet


             23/01/2025        Shri Ajay Shrivastava, Advocate for the Petitioner.
                               Shri Soumitra Kesharwani, Panel Lawyer for the
                          State/Respondents.

Heard on admission.

Issue notice.

Shri Soumitra Kesharwani, Learned Panel Lawyer takes notice on behalf of the Respondents. Hence, no notice is required to be issued.

Learned Counsel appearing for the Petitioner submits that the matter relates to recovery from the Petitioner, who is a class-III employee and according to the Petitioner the recovery was made after 5 years, as such according to the judgment passed by the Hon'ble Supreme Court in the matter of State of Punjab v. Rafiq Masih (White Washer), 2015 AIR SCW 501, it cannot be ordered. No show cause notice was issued

to the Petitioner regarding the recovery.

On the other hand, Learned Counsel for the State/Respondents submits that a Co-ordinate Bench has passed an order in which it has been held that since the amount has already been recovered prior to retirement as such it cannot be directed to be refunded back.

Let the Respondents/State file a reply to the petition considering the aforesaid aspect which has been submitted and raised by Learned Counsel for the Petitioner taking note of Rafiq Masih case (supra).

Accordingly, four weeks' time is granted to the Respondents to file reply to the petition.

Two weeks' time thereafter is granted to the Petitioner to file rejoinder.

List the matter after 6 weeks.

Sd/-

(Amitendra Kishore Prasad) Judge

Gopal Singh