Faiyazul Haque Khan vs U.P. Jal Nigam Thru. M.D. And Ors.
2018 Latest Caselaw 453 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- SERVICE SINGLE No. - 13240 of 2018
 

 
Petitioner :- Faiyazul Haque Khan
 
Respondent :- U.P. Jal Nigam Thru. M.D. And Ors.
 
Counsel for Petitioner :- Savita Jain
 
Counsel for Respondent :- Rishab Kapoor
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Ms. Savita Jain, learned counsel for the petitioner.

Notices for opposite parties have been accepted by Sri Rishab Kapoor, learned counsel, who has put in appearance on their behalf.

Learned counsel for the petitioner has submitted that since the recovery of Rs.1,02,541/- has been made from the leave encashment of the petitioner without affording any opportunity of hearing and such recovery order has been issued inviolation of principles laid down by the Hon'ble Apex Court in re: State of Punjab vs. Rafiq Masih reported in 2015 (4) SCC 334.

Per contra, learned counsel for the opposite parties has submitted that in a subsequent judgment of Hon'ble Apex Court in the case of High Court of Punjab & Haryana vs. Jagdev Singh reported in 2016 (14) SCC 267, it has been held that if the employee has given any undertaking for recovery of the amount in question, the said recovery can be made and it would not be inviolation of the principles laid down in the case of State of Punjab vs. Rafiq Masih (supra).

Learned counsel for the petitioner has further submitted that the judgment of Jagdev Singh (supra) would not be applicable in the instant case.

List this case on 16.05.2018 as fresh to enable the learned counsel for the petitioner to argue on the aforesaid point.

Order Date :- 9.5.2018

Suresh/

[Rajesh Singh Chauhan,J.]