Natthu Singh vs State Of U.P. And 5 Ors.
2016 Latest Caselaw 6464 ALL

Citation : 2016 Latest Caselaw 6464 ALL
Judgement Date : 6 October, 2016

Allahabad High Court

Natthu Singh vs State Of U.P. And 5 Ors. on 6 October, 2016

Bench: Pradeep Kumar Baghel




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- WRIT - A No. - 49046 of 2016
 

 
Petitioner :- Natthu Singh
 
Respondent :- State Of U.P. And 5 Ors.
 
Counsel for Petitioner :- Jayant Prakash Singh,K. Ajit
 
Counsel for Respondent :- C.S.C.,Abhishek Mishra
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

It is contended on behalf of the petitioner that he stood retired on 31.07.2013. By the impugned order a direction has been issued for recovery of an amount of Rs.18,77,314.50 which is alleged to be misappropriated by the petitioner. It is further submitted that under the relevant regulations/rules, the authorities have no power to continue the disciplinary proceedings after the retirement.

Learned counsel for the petitioner has placed reliance on a judgment of Supreme Court in the case of Dev Prakash Tewari v. U.P. Cooperative Institutional Service Board, Lucknow and others, (2014) 7 SCC 260. In the case of employee of the societies, the Supreme Court has held that in the absence of any provision under the regulations/rules, no action can be taken against the employee.

Matter needs consideration.

Sri Abhishek Mishra, learned advocate has put in appearance on behalf of respondent nos. 2 to 5. He seeks short time to obtain instruction in the matter.

Put up this case in the additional cause list on 02.11.2016.

Till the next date of listing, recovery shall be kept in abeyance. To work out equity, till the next date of listing, retiral dues of the petitioner shall not be paid. It is made clear that if the writ petition fails, the entire amount would be recovered from the petitioner along with interest.

Order Date :- 6.10.2016