Ved Prakash Sharma vs State Of U.P. And Others
2011 Latest Caselaw 3692 ALL

Citation : 2011 Latest Caselaw 3692 ALL
Judgement Date : 10 August, 2011

Allahabad High Court

Ved Prakash Sharma vs State Of U.P. And Others on 10 August, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 44375 of 2011
 

 
Petitioner :- Ved Prakash Sharma
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Tarun Agrawal,Ravi Kant
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

By the impugned order dated 8.7.2011, the petitioner has been dismissed from service and further the District Magistrate, Baghpat has directed that the excess payment made to the petitioner be recovered.

So far as the dismissal from service of the petitioner is concerned, the petitioner has a right to appeal under Rule 11 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999.

So far as the recovery of excess amount is concerned, the matter requires adjudication inasmuch as the Apex Court and this Court in number of cases have held that any excess amount paid cannot be recovered unless a fraud or misrepresentation is made out.

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

List thereafter.

Till the next date of listing, the realization of excess amount from the petitioner shall remain stayed.

Order Date :- 10.8.2011