Chattisgarh High Court
Sanjay Singh vs Chhattisgarh Tourism Board 7 ... on 27 February, 2019
Author: P. Sam Koshy
Bench: P. Sam Koshy
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WRIT PETITION (S) NO.1420 OF 2019
1. Sanjay Singh S/o Late Shri Shivpal Singh Aged About 58 Years
Occupation Presently Working As General Manager Chhattisgarh Tourism
Board, Udyog Bhawan, Raipur, District - Raipur Chhattisgarh.
...Petitioner(s)
Versus
1. Chhattisgarh Tourism Board Through Its Managing Director, IInd Floor,
Udyog Bhawan, Telibandha, Ring Road Raipur Chhattisgarh.
2. Managing Director Chhattisgarh Tourism Board, IInd Floor, Udyog
Bhawan, Telibandha, Ring Road Raipur Chhattisgarh.
3. State of Chhattisgarh Through Its Secretary, Ministry Of Tourism,
Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh.
... Respondent(s)
For Petitioner : Shri Manish Nigam, Advocate. For Respondent-State : Ms. Sunita Jain, Govt. Advocate. For Respondent No.1 : Shri AS Kachhwaha, Advocate.
Hon'ble Shri Justice P. Sam Koshy Order on Board 27.02.2019
1. The challenge in this petition is to the orders of recovery dated 01.02.2019 and 21.12.2016 (Annexures P/1 & P/2 respectively). The recovery is in respect of certain expenses incurred on the petitioner on his making certain foreign tours.
2. The contention of the petitioner is that, the petitioner had gone on foreign tours at the instruction and behest of the higher authorities in the department. That, there were proper and due sanction granted by the department before the petitioner was asked to undertake the foreign tours and this aspect has also been established from the correspondence made by then Managing Director and the Chairman of the respondent No.1- Board.
3. The counsel for respondent No.1 submits that the two orders of recovery are appealable orders and the appeal in the instant case would lie to the Chairman of the Chhattisgarh Tourism Board. He further submits that 2 subject to the petitioner's preferring an appeal, the same shall be considered in accordance with law at the earliest.
4. Given the aforesaid submissions made by the counsel for the respondent No.1 and also taking note of the contentions put forth by the petitioner, let the petitioner prefer a detailed appeal to the Chairman of the respondent No.1-Board within a period of 15 days from today. Subject to petitioner's preferring an appeal, the appellate authority i.e. the Chairman of the respondent No.1-Board shall decide the same within a period of three months from the date of receipt of appeal.
5. It is made clear that meanwhile till the appeal is finally decided, the respondents shall not take any co-ercive steps for recovery pursuant to the orders dated 01.12.2019 and 21.12.2016.
6. The writ petition accordingly stands disposed of.
Sd/-
(P. Sam Koshy) Judge inder