HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 37549 of 2011 Petitioner :- Narmada Prasad Respondent :- State Of U.P. And Others Petitioner Counsel :- A.K.Singh Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
The petitioner is challenging the order dated 12.5.2011 by which the amount is being recovered from the petitioner's salary.
Learned counsel for the petitioner submitted that the amount cannot be recovered from the salary unless a case is made out that the amount has been paid by committing fraud. He relied upon various decisions of this Court and the Apex Court.
Learned Standing Counsel prays for and is granted six weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List in the week commencing 12.9.2011.
Till the next date of listing, the operation of the order dated 13.5.2011 passed by the Executive Engineer Tubewell Construction Division Faizabad shall remain stayed.
Order Date :- 12.7.2011 OP