Om Prakash Singh vs State Of U.P. And 4 Others
2014 Latest Caselaw 219 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 
Case :- WRIT - A No. - 17332 of 2014
 
Petitioner :- Om Prakash Singh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Laxman Singh,Rajesh Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition the petitioner has challenged the order  dated 23.9.2012 by which certain deduction has been directed to be made from the salary of the petitioner on account of wrong fixation of salary.

Learned counsel for the petitioner submits that in the year 1990 upon disciplinary proceeding being initiated against the petitioner, a punishment of stoppage of two increments was passed.

The petitioner thereafter was paid regular salary  and was also promoted to a higher post. Now suddenly in 2013 a direction has been issued that since in the year 1990 the punishment order was not carried out, therefore, now the salary which has wrongly been fixed, pursuant thereof the amount paid to the petitioner is being deducted. No prior notice was given to the petitioner before such a deduction.

The matter requires scrutiny.

Let a counter affidavit be filed by the learned Standing Counsel within one month. One week thereafter is allowed to the petitioner to file rejoinder affidavit.

List after the expiry of the aforesaid period.

Till the next date of listing, no deduction shall be made pursuant to the order dated 23.9.2013 which is filed as Annexure-1 to the writ petition, so far as it relates to the petitioner. 

Order Date :- 26.3.2014/SKM