Vishamwer Dayal vs State Of U.P. Thru Prin. Secy. ...
2012 Latest Caselaw 3285 ALL

Citation : 2012 Latest Caselaw 3285 ALL
Judgement Date : 27 July, 2012

Allahabad High Court

Vishamwer Dayal vs State Of U.P. Thru Prin. Secy. ... on 27 July, 2012

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 3944 of 2012
 

 
Petitioner :- Vishamwer Dayal
 
Respondent :- State Of U.P. Thru Prin. Secy. (Cooperative) & 2 Others
 
Petitioner Counsel :- D.S. Yadav
 
Respondent Counsel :- C.S.C.,R.K. Chaudhary
 

 
Hon'ble Ajai Lamba,J.

1. After retirement of the petitioner, by virtue of orders, Annexure 1 and 2, money has been deducted, purportedly in regard to losses caused by the petitioner while he was in service.

2. It transpires that at the point in time, when the petitioner had attained age of superannuation, no disciplinary proceeding was pending against him. While the petitioner was in service, no penalty had been imposed and yet after retirement deduction is sought to be made.

3. The General Manager (Personal & Vigilance), U.P. State Ware Housing Corporation, respondent no.3, is directed to file his affidavit as to under what rule or authority deduction is being made from the leave encashment of the petitioner, although no order of penalty had ever been passed against him, while he was serving.

4. The needful be done within ten days from today, or else cost amount of Rs.2000/- would be imposed.

5. This order is being passed in view of the fact that the petitioner had attained age of superannuation on 31.1.2010 and his dues have not been released till date.

6. List on 22.8.2012.

7. At this stage, Sri R.K. Chaudhary, Advocate, has put in appearance for respondent nos. 2 and 3 and is required to convey the order to respondent no.2 for exact compliance.

Order Date :- 27.7.2012

A.Nigam