Allahabad High Court
Ram Bhajan vs U.P. State Bridge Corp. Ltd. Thru. ... on 9 April, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 9295 of 2019
Petitioner :- Ram Bhajan
Respondent :- U.P. State Bridge Corp. Ltd. Thru. M.D., Lko & Another
Counsel for Petitioner :- Ashok Shukla,Alok Singh Chauhan
Counsel for Respondent :- Shishir Jain
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties.
In compliance of order dated 04.04.2019, Sri Shishir Jain, learned counsel for the opposite parties has submitted that after the order passed in Writ Petition No.15960 (S/S) of 2018; Santosh Kumar Asthana vs. U.P. State Bridge Corporation & others dated 03.07.2018, the Rules of the Corporation have been amended on 27.10.2018 and in the wake of the aforesaid amended provisions the departmental enquiry against the retired employee, if it was pending before his retirement, could have been concluded if it relates with the loss of the Corporation and thereby the recovery can be made.
However, Sri Ashok Kumar, learned counsel for the petitioner has submitted that even in the light of amended provisions of the rules, the action cannot be taken against the petitioner.
Sri Shishir Jain, learned counsel for the opposite parties has submitted that since the petitioner had given his undertaking on 21.06.2017 that an amount of Rs.3.08 lacks, for which the petitioner has been issued show cause notice, may be withheld but the remaining amount of post retiral benefits be paid to him.
Sri Shishir Jain has also submitted that the petitioner has been paid his entire post retiral benefits except the amount of Rs.3.08 lacs which has been withheld in the wake of undertaking so given by the petitioner on 21.06.2017.
Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.2 of the writ petition, which is recovery order wherein it has been indicated that an amount of Rs.3.08 lacs would be recovered from the petitioner.
As per Sri Shishir Jain, the enquiry is still pending, therefore, the order dated 17.11.2017 (Annexure No.2 to the writ petition) has been passed.
After perusing the undertaking so given by the petitioner on 21.06.2017, the authority concerned could have withheld the amount of Rs.3.08 lacs during pendency of the departmental enquiry but the said amount may not be recovered from the petitioner prior to completion of the departmental enquiry.
The matter requires consideration.
Let the counter affidavit be filed within a period of two weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.
List this petition in the week commencing 06.05.2019 within top ten case.
Interim relief application of the petitioner may be considered on the next date.
Order Date :- 9.4.2019
Suresh/
[Rajesh Singh Chauhan,J.]
