Ramesh Chand Agarwal vs State Of U.P. And Others
2011 Latest Caselaw 2986 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 41022 of 2011
 

 
Petitioner :- Ramesh Chand Agarwal
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Faizan Ahmad,S.F.A.Naqvi
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

It appears that in respect of G.P.F. payment, certain irregularities have been committed which resulted loss to the State exchequer. The petitioner was also involved along with one Sri Surendra Kumar, retired Assistant Cashier. On enquiry, it was found that the petitioner has not misappropriated funds but some punishments have been awarded. According to the petitioner, the punishment has been upheld in appeal and in revision. Thereafter the matter went to the State Government. The State Government vide order dated 28.6.2011, which is Annexure-1 to the writ petition, has refused to interfere in the matter. However, it has observed that the matter of Sri Surendra Kumar is still pending for inquiry. The District Magistrate, Agra has been directed to take decision in his case whether he is guilty or not and in case if Sri Surendra Kumar is found guilty then the recovery may be made proportionately along with interest.

Learned counsel for the petitioner submitted that the matter of Sri Surendra Kumar is pending. In paragraph-31 of the writ petition, it is stated that orally it is informed that the amount may be deducted from the salary of the petitioner for the month of July, 2011. He submitted that in view of the State Government order dated 28.6.2011, the recovery cannot be made from the salary of the petitioner till the enquiry in the case of Sri Surendra Kumar is completed.

Learned Standing Counsel may seek instruction in the matter particularly in respect of the averments made in paragraph-31 of the writ petition.

Pu up on 28.7.2011 as fresh.

Order Date :- 25.7.2011

OP