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High Court Of ChhattisgarhWA/336/2016dismissed

State Of Chhattisgarh v. K. R. Janardan

2016-07-25Hon'Ble The Chief Justice,Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 336 of 2016

1. State Of Chhattisgarh Through The Secretary, Department Of Commercial Tax (Excise), D.K.S. Bhawan, Mantralaya, Raipur, (Chattisgarh), [now Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, District Raipur, (Chattisgarh)]

2. The Under Secretary, Department Of Commercial Tax (Excise), D.K.S. Bhawan, Mantralaya, Raipur, (Chattisgarh), [now Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, Distt. Raipur, (Chattisgarh)]

3. The Commissioner, Department Of Commercial Tax (Excise), D.K.S. Bhawan, Mantralaya, Raipur, (Chattisgarh) [now Mantralaya, Naya Raipur, Distt. Raipur, (Chattisgarh)]

4. The Additional Commissioner, Department Of Commercial Tax ( Excise), D.K.S. Bhawan, Mantralaya, Raipur, (Chattisgarh), [Now Mahanadi Bhawan, Mantralaya, Naya Raipur, Distt. Raipur, (Chattisgarh)] ---- Appellants

Versus

K. R. Janardan S/o Late Shri Ajat Ram, Aged About 60 Years R/o Beside Hotel Shivneri, Link Road, P.S. Tarbahar, District Bilaspur, (Chattisgarh) ---- Respondent For Appellant/State : Shri J.K. Gilda, Advocate General with Shri Yashwant Singh Thakur, Deputy Advocate General.

Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Sanjay K. Agrawal, J.

Order on Board Per Deepak Gupta, Chief Justice 25/07/2016 1.

This appeal by the State is directed the against judgment dated 9.2.2016 delivered by learned Single Judge of this Court in Writ Petition (S) No.6778 of 2011. The Learned Single Judge relying upon the judgment of Apex Court in Union of India v. K.V. Jankiraman and Others [(1991) 4 SCC 109] allowed

the writ petition and held that the writ Petitioner was entitled to salary and other allowances since this was given to him without his making any false statement or misrepresentation. This payment was made more than 5 years back and had been paid continuously for a long number of years. 2.

We therefore find no merit in the appeal. It is accordingly dismissed. Sd/- Sd/- (Deepak Gupta) (Sanjay K. Agrawal) CHIEF JUSTICE JUDGE Anu