Allahabad High Court
Shiv Veer Singh Sengar vs State Of U.P. And 5 Others on 15 July, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 6060 of 2021
Petitioner :- Shiv Veer Singh Sengar
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Mahendra Tripathi
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel.
Present writ petition has been preferred for a direction to second respondent to decide the claim of the petitioner in representation dated 5.3.2021 for refund so recovered by the respondents under compulsion i.e. Rs.4,28,183/- in pursuance of the order dated 17.2.2021.
It appears that the petitioner has earlier preferred Writ-C No.5387 of 2021 (Shiv Veer Singh v. State of U.P. & Ors.) challenging the order dated 10.12.2020 in terms of which alleged loss caused to the State exchequer was sought to be recovered on monthly basis from the salary and other emoluments payable to the petitioner. The said writ petition was allowed on 17.2.2021 with following observations:-
"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."
Learned counsel for the petitioner states that even though leave was accorded to the respondents but at no point of time they had proceeded strictly in accordance with law and due to pressure the petitioner deposited the said amount in question. It is submitted that amount, which has been recovered in absence of any procedure is liable to be returned.
Considering the facts and circumstances of the case, the Court is of the opinion the authority has to take decision strictly in accordance with law but certainly after taking into account the order dated 17.1.2021 passed in Writ-C No.5387 of 2021. Without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of asking the District Magistrate, Etawah to take a final call in the matter preferably within six weeks but certainly after taking into account the order dated 17.1.2021.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 15.7.2021
SP/
