Awadesh Singh vs State Of U.P. And 4 Others
2021 Latest Caselaw 8151 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 14544 of 2020
 

 
Petitioner :- Awadesh Singh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Purushottam Mani Tripathi,Sanjeev Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J. 

Heard Sri P.N. Tripathi, counsel for the petitioner, Standing Counsel and perused the record.

The present writ petition has been filed challenging the order dated 28.8.2020 passed by the Respondent No. 2 as well as the consequential orders dated 29.10.2021 and 9.12.2020 (Annexure No. 10).

The contention of the counsel for the petitioner is that the order passed against the petitioner on 28.8.2020 as well as other two orders do not conform to the principle of natural justice as they have been passed without either approving the show cause notice or giving an opportunity of hearing.

A perusal of the order dated 28.8.2020 (Annexure No. 9 to the writ petition) clearly demonstrates that order has been passed holding that the benefits granted to the petitioner were improperly granted and accordingly, orders were being passed for recovery of the excess amount allegedly paid to the petitioner. The entire order does not demonstrate that any show cause notice was served or any opportunity of hearing was granted prior to the passing of the said order. The petitioner has specifically pleaded in Paragraphs No. 24 and 26 that no opportunity of hearing was granted. He further argues that even otherwise, in the light of the judgement of the Apex Court in case of State of Punjab Vs. Rafiq Masih 2015 (4) SCC 334, the orders were of the nature impugned in the present writ petition should not have been passed.

On a perusal of the impugned orders, I am satisfied that no opportunity of hearing was granted. Certainly the said orders do not disclose any defence of the petitioner being considered. Accordingly, the order dated 28.8.2020 and the consequential orders dated 29.10.2020 and 9.12.2020 are set aside and the matter is remanded to the Respondent No. 2 to pass afresh order after giving an opportunity of hearing to the petitioner.

The petitioner shall be at liberty to take all the grounds and cite whatever judgments, he may deem fit before the Respondent No. 2.

The Respondent No. 2 shall complete entire exercise and process, and pass afresh order as expeditiously as possible preferably within a period of four months from the date of production of a copy of this order.

The writ petition stands disposed off in terms of the order passed above.

Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order.

Order Date :- 16.7.2021

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