Dismissed¶28

Jalandhar Pradhan v. State Of Chhattisgarh

Chhattisgarh HC15 Jul 2025WPS/1436/2017

Case brief

AI extract

What is this about?

Recovery order against panchayat employees for bills submitted without verifying TIN numbers; alleged denial of show-cause notice and opportunity of hearing (natural justice); post-order representation considered and rejected by fresh order dated 27.12.2016; small recovery amount of Rs. 9,900/- and passage of time since 2016 weighed against interference; petition dismissed with rider protecting service career; CEO Janpad Panchayat Saraipali; Panchayat and Social Welfare Directorate; High Court of Chhattisgarh, WPS service-side writ petition.

What did the court decide?

Though no opportunity of hearing was provided to the petitioner before passing the order dated 19/22.08.2016, respondent No. 3 considered the representation moved by the petitioner and passed a fresh order on 27.12.2016. ¶24

Jalandhar Pradhan Vs State Of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

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Digitally signed by AJINKYA PANSARE Date: 2025.07.16 16:25:52 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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WPS No. 1436 of 2017

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Jalandhar Pradhan S/o. Shri Ghasi Pradhan, Aged About 60 Years R/o. Kokadi Patsendari, Post Via Saraipali, District Mahasamund Chhattisgarh, Chhattisgarh

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... Petitioner(s)

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versus

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1. State Of Chhattisgarh Through, The Secretary, Panchayat And Social Welfare Directorate, D. K. S. Bhawan, Raipur Chhattisgarh, Chhattisgarh

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2. Director, Panchayat And Social Welfare Direcorate, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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3. Chief Executive Officer, Janpad Panchayat, Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ... Respondent(s)

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For Petitioner	: Mr. Sajal Kumar Gupta, Adv. on behalf of Mr. Utkal Pradhan, Adv.
For State	: Mr. Lav Sharma, P.L.
For Respondent No. 3	Mr. Rahul Mishra, Adv.

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Hon’ble Shri Justice Rakesh Mohan Pandey

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Judgment On Board

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16-07-2025

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1) Petitioner has filed this petition challenging the order dated 19/22.08.2016 issued by the Chief Executive Officer, Janpad Panchayat, Saraipali whereby order of recovery of Rs. 44,000/-

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has been passed against five persons including petitioner.

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2) In the order dated 19/22.08.2016, it was observed that five employees including petitioner submitted bills to respondent No. 3 without verifying the TIN numbers and the authority concerned approved them. Respondent No. 3 assessed the amount of loss, and issued a common order against five employees to the tune of Rs. 44,000/-. Petitioner has been directed to pay Rs. 9,900/-.

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3) Learned counsel for the petitioner submits that no show-cause notice was issued and no opportunity of hearing was afforded by respondent No. 3 before issuing the order dated 19/22.08.2016. He prays to set aside the order impugned.

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4) On the other hand, learned counsel appearing on behalf of respective respondents oppose.

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5) Heard learned counsel for the parties and perused the documents placed on record.

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6) Perusal of documents annexed in petition would show that order Annexure P/1 i.e. recovery order was passed on 19/22.08.2016. Thereafter, petitioner made representation before respondent No. 3 on 02.09.2016 and authority concerned considered the same and passed a detailed order on 27.12.2016.

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7) Though, no opportunity of hearing was provided to the petitioner before passing the order dated 19/22.08.2016 but the respondent No. 3 considered the representation moved by petitioner and passed a fresh order on 27.12.2016 wherein it is stated that representation moved by petitioner was not found satisfactory.

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Also, the amount payable by the petitioner is only Rs. 9,900/- and

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the orders were passed way back in the year 2016.

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8) Taking into consideration the above-discussed facts, in opinion of this Court, no case is made out for interference. Consequently, this petition fails and is hereby dismissed . It is made clear that order of recovery passed against petitioner would not affect his service career in future.

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Sd/-

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(Rakesh Mohan Pandey) JUDGE

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Ajinkya

Jalandhar Pradhan v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jalandhar Pradhan v. State Of Chhattisgarh

Case brief

What is this about?

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