Narmada Prasad vs State Of U.P. And Others
2011 Latest Caselaw 2696 ALL

Citation : 2011 Latest Caselaw 2696 ALL
Judgement Date : 12 July, 2011

Allahabad High Court

Narmada Prasad vs State Of U.P. And Others on 12 July, 2011

Bench: Rajes Kumar




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