This court allowed the writ petition and set aside a recovery order passed against the petitioner without a prior show-cause notice, holding that fundamental right to be heard mandates such notice before recovery proceedings.
Impugned recovery order set aside; respondents directed to afford hearing before proceeding further.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1371 of 2011
R.K.Shukla S/o Late H.M.Shukla, aged about 51 years, R/o Agneya Nagar, Bilaspur (C.G.).
---Petitioner
Versus
---Respondents
For petitioner : Shri Sunil Otwani, Advocate. For respondents No.1 : Ms. Sunita Jain, Panel Lawyer. & 2/State
Hon ' ble Shri Justice P. Sam Koshy
Order on Board
20/08/2018
dated 03/03/2011 which is an order of recovery passed by the respondent
No.2 with a further order that in the event if the petitioner fails to deposit the
amount by 30/03/2011, the respondents would be forced to initiate coercive
method including lodging of F.I.R. against the petitioner.
action which the petitioner has performed was while the petitioner was working as a Chief Municipal Officer of Nagar Panchayat, Takhatpur. He
2
submits that, before issuance of the impugned order, no opportunity of hearing has been granted to the petitioner. He further submits that, atleast a show cause notice could had been issued calling for an explanation from the petitioner before reaching to the conclusion that the petitioner prima-facie was guilty of having mis-appropriated the government funds.
3
Sd/-
Sumit
2 issues framed by the court
Whether impugned recovery order could be passed without affording opportunity of hearing to the petitioner
Whether petitioner was entitled to show cause before conclusion of misappropriation of funds
2 provisions across 2 enactments
R.K.Shukla
State of Chhattisgarh
Additional Collector, District Bilaspur
Chief Executive Officer, Nagar Panchayat, Takhatpur
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
