Rajesh Kumar vs State Of U.P. Through Prin. Secy. ...
2012 Latest Caselaw 3348 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 690 of 2012
 

 
Petitioner :- Rajesh Kumar
 
Respondent :- State Of U.P. Through Prin. Secy. Rural Development Lko. & O
 
Petitioner Counsel :- R.S.Tomar
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ajai Lamba,J.

In brief, contention of the learned counsel for the petitioner is that show cause notice was issued to the petitioner, to which reply was given vide Annexur-9.  Without considering the reply, impugned order, Annexure-1, has been passed on 16.12.2011.  Stand of the petitioner has not been considered and, therefore, the impugned order is not a reasoned order.  It has also been pointed out that the basis of passing the impugned order is an enquiry report furnished by Block Development Officer, Annexure-3.  Even in the said enquiry proceedings petitioner was not joined.  In such circumstances, recovery from the salary of the petitioner cannot be affected.

List for final arguments on 21.8.2012.

Order Date :- 1.8.2012

A.Nigam