Rajesh Kumar Verma vs U.P. State Warehousing ...
2023 Latest Caselaw 6094 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 1750 of 2023
 

 
Petitioner :- Rajesh Kumar Verma
 
Respondent :- U.P. State Warehousing Corporation Thru. Managing Director And 2 Others
 
Counsel for Petitioner :- Ashutosh Kumar Singh,Surya Prakash
 
Counsel for Respondent :- Rakesh Kumar Chaudhary
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and Shri Rakesh Kumar Chaudhary, learned counsel for the respondents.

Present petition has been filed challenging the order dated 13.12.2017 whereby recovery has been ordered against the petitioner.

Contention of learned counsel for the petitioner is that the evidence as proposed to be relied upon in the charge-sheet has neither been discussed nor considered, thus, there was a violation of principles of natural justice.

He argues that in similar circumstances, this Court had disposed off a similar matter vide judgment dated 24.01.2023 passed in Writ - A No.581 of 2023. While passing the said order, this Court had remanded the matter from the stage where the petitioner had filed his reply.

Thus, following the said judgment and on the same analogy, the impugned order dated 13.12.2017 is quashed.

The matter is remanded from the stage where the petitioner had filed his reply and fresh orders shall be passed by the respondents in accordance with law after giving an opportunity of hearing to the petitioner.

The petitioner would be entitled to take all the defenses that may be available to him under law.

Learned counsel for the respondent has raised a preliminary objection with regard to the unexplained laches as well as the availability of alternative remedy of appeal.

The said preliminary objections are not being considered in view of the averments made in Para - 16 and Para - 19 of the writ petition and the fact that this Court has decided a similar issue.

It is further provided that any amount already recovered in pursuance to the impugned order shall be subject to the final outcome of the fresh order.

The writ petition is disposed off in above terms.

Order Date :- 24.2.2023

nishant