Allahabad High Court
Jagdish Saran Upadhyay vs State Of U.P. And Others on 28 August, 2012
Bench: Pankaj Naqvi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 22
Case :- WRIT - A No. - 65546 of 2005
Petitioner :- Jagdish Saran Upadhyay
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Bipin Bihari,Rajesh Kumar
Respondent Counsel :- C.S.C.,S.K.Mishra
Hon'ble Pankaj Naqvi,J.
1. This Court by its order dated 24.01.2006, had passed a detailed order, which is quoted hereunder:-
Petitioner claims parity with one Sri Vikram Rai.
From the records of the present writ petition, this Court is prima facie satisfied that the Commandant 37 Vahini PAC, Kanpur has used the order of this Court dated 28.07.2004 passed in Writ Petition No. 45896 / 2003 as a camouflage for making unauthorised uncalled payment of arrears of salary to Sri Vikram Rai. The arrears have been paid for a period from 31.05.1973 to 30.01.1999 i.e. for a period of 36 years along with interest of 12 per cent. It is not in dispute that under order of this Court dated 28.07.2004 the only direction issued was that the opposite parties may pay post retiral benefits including arrears thereto along with simple interest @ 12 per cent within four months from the receipt of the certified copy of the said order. There is no direction to pay arrears of salary to Sri Vikram Rai who was petitioner in Writ Petition No. 45896 / 2003.
Tentatively it appears that there has been defalcation of government money.
However before any further orders are passed, let Commandant 37 Vahini PAC, be served with a notice calling upon him to explain by way of his personal affidavit as to under what circumstances arrears of salary have been paid to Sri Vikram Rai along with interest and as to why unauthorised payment made, may not be recovered from the personal accounts of the officer concerned.
Such an affidavit must be filed on or before 21.02.2006. In case of non-compliance of this order, the Commandant shall remain present before this Court with all original records.
This order has been passed in presence of Standing Counsel, who represents the officer concerned.
Put up for further hearing on 21.02.2006.
2. In compliance to the order dated 24.01.2006, a supplementary affidavit dated 17.02.2006 has been filed by Sri Ram Pal Gautam, Deputy Commandant / In-charge 37 Battalion, PAC, Kanpur Nagar, wherein he stated that the payments made to Sri Vikram Rai do not concern him and that the alleged payments were made by the Commandant 36 Battalion, PAC, Ram Nagar, Varanasi.
3. The contents of paragraphs 4, 5 and 6 of the supplementary affidavit are quoted hereinbelow:-
4. That the deponent is presently posted as Commandant at 37 Battalion, PAC, Kanpur Nagar and the post retiral benefits or other emoluments which was paid to Sri Vikram Rai is not concerned with the deponent. It is further submitted that Sri Vikram Rai who was lastly posted at 36 Battalion, PAC, Ram Nagar, Varanasi and all the payments have been made by the Commandant 36 Battalion, PAC, Ram Nagar, Varanasi.
5. That the above mentioned payments of Sri Vikram Rai was made on the basis of order dated 05.04.2005 which has been passed by Commandant 36 Battalion, PAC, Ram Nagar, Varanasi and a copy of the order dated 05.04.2005 which has been annexed by the present petitioner as Annexure 8 to the writ petition. It appears that due to typing error at page 45 of the paper book of the writ petition it has been wrongly typed 37 instead of 36 and due to this confusion the Hon'ble Court by his order dated 24.01.2006 called upon the Commandant of 37 Battalion, Kanpur Nagar.
6. That in compliance of the Hon'ble Court order dated 24.01.2006 the deponent has inquired about the matter and it has been revealled that the payment of Sri Vikram Rai was made by the Commandant 36 Battalion, PAC, Ram Nagar, Varanasi and the deponent immediately on 08.02.2006 intimated the Commandant 36 Battalion, PAC, Ram Nagar, Varanasi. A photostat copy of the letter of the deponent dated 08.02.2006 is annexed herewith as Annexure SA-1 to this affidavit.
4. Let a fresh affidavit be filed by the Commandant 36 Battalion, PAC, Ram Nagar, Varanasi in compliance to the order dated 24.01.2006.
5. Learned standing counsel shall intimate forthwith this order to the Commandant concerned, who will file his personal affidavit in the light of order dated 24.01.2006. It is made clear that in case the affidavit is not filed on or before the next date, the Commandant 36 Battalion, PAC, Ram Nagar, Varanasi, shall appear in person along with the original records.
6. Copy of this order be supplied to the learned standing counsel within 3 days'.
7. List on 01.10.2012
Order Date :- 28.8.2012
Chandra
