Kamil Raza Zaidi vs Union Of India And 5 Others
2022 Latest Caselaw 6426 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 4484 of 2022
 
Petitioner :- Kamil Raza Zaidi
 
Respondent :- Union Of India And 5 Others
 
Counsel for Petitioner :- Sunil Kumar Srivastava,Padmaker Pandey
 
Counsel for Respondent :- A.S.G.I.,Sushil Kumar Mishra
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Petitioner is aggrieved by impugned order dated 22.10.2021 whereby pay fixation has been revised and correspondingly, order of recovery is passed.

Shri Padmaker Pandey, learned counsel for petitioner submits that impugned order was passed without giving any opportunity of hearing and in this regard, he relied upon the judgment passed by the Division Bench of this Court in Writ Tax No.1029 of 2021 (Bharat Mint And Alied Chemicals vs. Commissioner Commercial Tax and others), decided on 4.3.2022.

Shri Sushil Kumar Mishra, learned counsel for Union of India submits that there is alternative remedy available to petitioner to file Original Application (O.A.) before the Central Administrative Tribunal.

There is no doubt that petitioner has alternative remedy, however, considering the judgment in Bharat Mint (Supra) as well as contention made that no opportunity was granted to petitioner before passing the impugned order. Therefore, without entering into merit of case, this writ petition is finally disposed of that in case, a representation is filed on behalf of petitioner mentioning objection to the impugned order, the same may be considered by appropriate authority in accordance with law. However, it is made clear that decision thereof will not create jurisdiction of this Court and in case of any grievance left, petitioner is at liberty to challenge the same before the appropriate forum, in accordance with law.

Order Date :- 8.7.2022

Rishabh

[Saurabh Shyam Shamshery, J.]