Shiv Veer Singh vs State Of U.P. And 5 Others
2021 Latest Caselaw 2443 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - C No. - 5387 of 2021
 

 
Petitioner :- Shiv Veer Singh
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Mahendra Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajiv Joshi,J.

Heard Mahendra Tripathi, learned Counsel for the petitioner and learned Standing Counsel for the State respondents.

The petitioner who is the Gram Vikas Adhikari challenges the order of 10 December 2020 in terms of which alleged loss caused to the State exchequer is sought to be recovered on monthly basis from the salary and other emoluments payable to the petitioner.

Before this Court it is conceded by learned Standing Counsel that no opportunity of hearing was provided to the petitioner before passing of the impugned order. Learned counsel for the petitioner further contends that the order impugned even otherwise would not sustain in light of the judgment rendered by the Court in Uday Pratap Singh @ Harikesh Vs. State of U.P. And 4 Others [2019 (10) ADJ 443] and in terms of which the District Development Officer would have no jurisdiction to take action under Section 27 of the Uttar Pradesh Panchayat Raj Act 1947. Additionally, it was submitted that the relevant disciplinary rules would have to be adhered to in case a punishment of recovery of loss caused is to be imposed. The legal submissions as noted above were not disputed on behalf of the State respondents. In view of the conceded position it is manifest that the impugned order cannot sustain.

Accordingly, the writ petition is allowed. The impugned order dated 10 December 2020 is quashed. However, it is left open to the respondents to proceed in the matter and take a decision afresh bearing in mind the observations made hereinabove. All contentions of respective parties on merits are kept open.

Order Date :- 17.2.2021

S.P.