Surendra Prasad Patel vs State Of U.P. And 4 Others
2017 Latest Caselaw 3241 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 33870 of 2017
 

 
Petitioner :- Surendra Prasad Patel
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Anil Kumar Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ran Vijai Singh,J.

Hon'ble Ifaqat Ali Khan,J.

We have heard Sri Anil Kumar Yadav, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

By means of this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 31.03.2017 by which the earlier fixation of salary of the petitioner who retired as Regional Forest Officer on 31.3.2017 has been cancelled and re-fixation has been made with the direction to adjust the excess payment to the petitioner.

It is contended that the aforesaid order of recovery has been passed without affording any opportunity of hearing to the petitioner, therefore the same cannot be sustained in the eyes of law. Prima facie, we find substance in the submission of learned counsel for the petitioner.

Matter requires scrutiny.

Issue notice.

Notices on behalf of respondents have been received by Office of learned Chief Standing Counsel, therefore notices need not be served again to the aforesaid respondents.

Learned Standing Counsel is directed to file counter affidavit within a period of six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

As an interim measure without prejudice right and contention of the parties, the operation of impugned order dated 31.03.2017 passed by Conservator of Forest, Azamgarh Region, Azamgarh, shall remain stayed. Respondents are liberty to pass fresh order in accordance with law.

Order Date :- 16.8.2017

Swati