Dilip Kumar Saini vs State Of U.P. And Others
2012 Latest Caselaw 4311 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 46706 of 2012
 

 
Petitioner :- Dilip Kumar Saini
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Mahadeo Singh Chandel
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

It appears that in a case relating to one deceased Km. Gomti, daughter of Sri Ganga, Village Khadakhar, Police Station Majhgawan, District Hamirpur, the National Human Right Commission, New Delhi passed the order dated 20.7.2011, holding some Police Personnel guilty and directed for taking action against them. In pursuance thereof, letter dated 29.2.2010 has been issued by the Joint Secretary, Home (Human Right), U.P., Lucknow. In pursuance thereof the order dated 29.4.2011 was passed by the Superintendent of Police, Hamirpur awarding censure entries in the character rolls. Against the said order, the petitioner filed appeal on 6.7.2011 which has been allowed by the order dated 13.9.2011.

Learned counsel for the petitioner submitted that in the appeal the petitioner has been held not guilty in the said incident. The recovery of the amount paid to the family of the deceased by the State Government towards compensation by the impugned order is wholly unjustified.

There is substance in the argument of learned counsel for the petitioner.

Let the learned Standing Counsel file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

Till the next date of listing, the recovery in pursuance of the order dated 4.3.2012 passed by the Superintendent of Police, Hamirpur and the order dated 28.6.2012 passed by the Superintendent of Police, Banda shall remain stayed.

Order Date :- 20.9.2012

OP