Geeta Devi vs State Of U.P. And Others
2011 Latest Caselaw 3520 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 44008 of 2011
 

 
Petitioner :- Geeta Devi
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- A.P.Singh,H.C.Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is the widow of the deceased employee, who died in the year 2007. He was working on the post of gardener. Now by the impugned notice dated 4.7.2011 she has been asked to give reply to the show cause notice that her husband has misappropriated a sum of Rs.4,64,452.87 p. and why the amount may not be recovered.

Learned counsel for the petitioner submitted that during the life time of the petitioner's husband, no show cause notice has been issued nor he has been found guilty for such misappropriation. After the death of her husband, it is impossible to give reply to the said notice. Therefore, the recovery proceeding is absolutely illegal.

Learned Standing Counsel is directed to file a counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List in the week commencing 5.9.2011.

Till the next date of listing, the proceeding in pursuance of the notice dated 4.7.2011, Annexure-8 to the writ petition, shall remain stayed.

Order Date :- 4.8.2011

OP