D.N. Patel, J. - (1.) The present writ petition has been preferred against an order of recovery, passed by the Executive Engineer, Road Construction Department, Koderma, dated 14th November, 2008, which is at Annexure-8 to the memo of the present petition whereby, size able amount was ordered to be recovered from the petitioner, for the reason that promotion, which was given in the year 1981 as well as in the year, 1996 was wrongly given and thereafter, after retirement of the petitioner, the aforesaid order of recovery has been passed and that too without following any principles of natural justice.
(2.) Learned counsel for the petitioner submitted that the petitioner was appointed as a Roller Khalasi in the year, 1966. Thereafter, the petitioner worked honestly, diligently, sincerely and to the satisfaction of the respondents and therefore, first time bound promotion was given to the petitioner with effect from 1st April, 1981. Thereafter also, the petitioner worked for several years to the satisfaction of the respondents and ultimately, the petitioner was again given second time bound promotion in the form of Assured Career Progression with effect from 18th January, 1996. Thereafter, the petitioner retired on 1st June, 2002. Never any notice was given to the petitioner that the promotions or the benefit of Assured Career Progression, which was given to the petitioner, was incorrect and illegal. On the contrary, first time bound promotion as well as second time bound promotion was rightly given to the petitioner and it was absolutely, in accordance with law and the facts. It is further vehemently submitted by the learned counsel for the petitioner that after retirement of the petitioner straightway on order of recovery has been passed on 14th November, 2008 at Annexure-8 to the memo of the petition. This order deserves to be quashed and set aside mainly for the reason that never any notice was given to the petitioner for the aforesaid order of recovery. Never any opportunity of being heard was also given to the petitioner. Moreover, after retirement of the petitioner, this amount cannot be recovered because the said amount of promotion no. 1 and promotion no. 2, were never given to the petitioner because of misrepresentation or because of a fraud played by the petitioner. These promotions were given to the petitioner firstly in the year, 1981 and secondly, in the year, 1996 because of long services rendered by the petitioner from 1966 onwards as well as looking to the efficiency of the present petitioner on the concerned post. Never any memo has been issued for any disciplinary action to the petitioner, during tenure of his services.
(3.) Learned counsel for the petitioner is also relying upon the following decisions reported in: (i) 2002 (1) JLJR 597, (ii) 2007 (4) JLJR 459 and (iii) 2009 (1) JLJR 431 and has submitted that on the basis of the aforesaid decisions, once the petitioner retires and as the benefits are never given to the petitioner by his misrepresentation or by the fraud played, then no such amount can be recovered. In the facts of the present case, as submitted by the learned counsel for the petitioner never any notice was given prior to passing of the impugned order at Annexure-8 dated 14th November, 2008 and therefore also, the impugned order, deserves to be quashed and set aside.;