Radhey Shyam Gupta vs The State Of U.P. And Others
2011 Latest Caselaw 5392 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 61738 of 2011
 

 
Petitioner :- Radhey Shyam Gupta
 
Respondent :- The State Of U.P. And Others
 
Petitioner Counsel :- Onkar Nath
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is challenging the order dated 18.7.2011 on the ground that relating to the year 1976-77 a sum of Rs.31,276.33p. has been received in respect of which receipts have been issued and the said amount misappropriated. After including interest, a demand of Rs.12,76,054/- has been raised against the petitioner. The petitioner was the clerk.

Learned counsel for the petitioner submitted that for the misappropriation of the money, the petitioner has been subjected to the criminal case in which the petitioner has been acquitted. Now the petitioner is no more in service. Raising of the demand relating to the year 1976-77 is wholly unjustified.

Sri Manish Goel, Advocate, accepted notice on behalf of respondent no. 3 and 4. He prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

List in the week commencing 12.12.2011.

Till the next date of listing, the recovery proceeding in pursuance of the order dated 18.7.2011, Annexure-6 to the writ petition, shall remain stayed.

Order Date :- 21.10.2011

OP