Dinesh Prakash Pandey vs State Of U.P. And 7 Ors
2014 Latest Caselaw 6996 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 52084 of 2014
 

 
Petitioner :- Dinesh Prakash Pandey
 
Respondent :- State Of U.P. And 7 Ors
 
Counsel for Petitioner :- Vinod Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Heard.

The petitioner is a Sub-Inspector in UP Police. It appears that some complaint was made to the National Human Rights Commission, New Delhi by certain aggrieved persons against the petitioner and the Commission vide its order dated 07.03.2013, in view of the statement given on behalf of State Government, recommended payment of Rs. 2 lakhs as monetary relief to the next kin of the deceased Hari lal with a direction to the Chief Secretary, Government of UP, to submit a compliance report with proof of payment. The said order contains recital to the effect that the Circle Officer, Manjhanpur, district Kaushambi has been asked to hold an inquiry fixing responsibility of the local policemen. Thereafter the impugned order dated 22.7.2014 has been passed by the State Government, whereby it has been ordered that the amount of Rs. 2 lakhs payable to the victim shall be recovered from the concerned policemen inducing the petitioner herein.

The contention of the petitioner is that this order has been passed without any opportunity of hearing to the petitioner. Therefore, it is not sustainable.

The impugned order does not disclose that any opportunity of hearing having been given to the petitioner.

In the facts and circumstances of the case, respondent no. 1 is directed to re-consider the matter and take a decision in this regard after providing due opportunity to the petitioner. The fate of the impugned order dated 22.7.2014 shall depend upon the fresh decision to be taken by Respondent no. 2 as aforesaid within a period of three months from the date of certified copy of this order is produced before him.

It is made clear that in the event opportunity of hearing was given to the petitioner then the benefit of this order shall not be available to him.

For a period of three months or till respondent no. 1 takes a decision as aforesaid., the petitioner shall not be compelled to deposit the amount in question in pursuance to the impugned order dated 22.7.2014. However, this order shall not come in the way for payment of compensation of Rs. 2 lakhs to the victim in terms of the order of the National Human Rights Commission.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 24.9.2014

SKS