Allahabad High Court
Vinod Kumar Srivastava vs State Of ... on 23 May, 2018
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 15103 of 2018
Petitioner :- Vinod Kumar Srivastava
Respondent :- State Of U.P.Throu,Prin.Secy.Cooperative Lko.And Ors.
Counsel for Petitioner :- Shyam Mohan Pradhan
Counsel for Respondent :- C.S.C.,Nadeem Murtaza,Neeraj Chaurasiya
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Shyam Mohan, learned counsel for the petitioner.
Notices for opposite party Nos.1 and 2 have been accepted by the office of the learned Chief Standing Counsel, Sri Nadeem Murtaza, learned counsel has put in appearance for opposite party No.3, whereas Sri Neeraj Chaurasiya, learned counsel has put in appearance for opposite party Nos.4 & 5.
Issue notice to opposite party No.6 returnable at an early date, for which, necessary steps be taken within a week.
By means of this writ petition, the petitioner has assailed the order dated 31.01.2018, passed by the Secretary/ Chief Executive Officer, Bahraich District Co-operative Bank Ltd., Bahraich as well as order dated 27.02.2018 and order dated 16.03.2018, contained as Annexure Nos.1, 2 & 3 respectively, directing for adjustment of recovery amount of Rs.1,45,620.71 from the dues/ gratuity of the petitioner.
The perusal of impugned order dated 31.01.2018 reveals that the amount in question was to be recovered from one Sri Chandra Veer Singh, opposite party No.6-hereto, but Sri Chandra Veer Singh has not paid the aforesaid amount, therefore, the aforesaid amount has been directed to be recovered from the petitioner for the reasons that Sri Chandra Veer Singh was under his administrative control.
It has also been apprised that Sri Chandra Veer Singh has filed one writ petition bearing Writ Petition No.32291 (S/S) of 2017, wherein this Court vide order dated 03.01.2018 has been pleased to direct that no coercive action shall be taken against Sri Chandra Veer Singh.
Learned counsel for the petitioner has submitted that since Sri Chandra Veer Singh has got interim protection by this Court vide order dated 03.01.2018, therefore, by means of impugned order dated 31.01.2018, the direction for recovery of the amount in question has been issued against the petitioner.
Prima-facie, the aforesaid order does not appear to be passed in appropriate manner.
Let the counter affidavits be filed by the opposite parties within three weeks. Rejoinder affidavit, if any, may be filed within a period of ten days thereafter.
List immediately after expiry of the aforesaid period.
In the meantime, the competent authority shall make payment of other post retiral benefits, excluding the amount of Rs.1,45,620.71 at the earliest, strictly in accordance with law and as per the policy of the Bank, say within a period of six weeks from the date of presentation of a certified copy of this order, as the petitioner has already been retired from service on 31.03.2017.
Order Date :- 23.5.2018
Suresh/
[Rajesh Singh Chauhan,J.]
